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STATE v. KEYES

Crim. No. 950048.

536 N.W.2d 358 (1995)

STATE of North Dakota, Plaintiff and Appellant, v. Michael J. KEYES, Defendant and Appellee.

Supreme Court of North Dakota.

August 29, 1995.

Attorney(s) appearing for the Case

Robert A. Freed (argued), Asst. State's Atty., Jamestown, for plaintiff and appellant.

Richard D. Varriano (no appearance), Moorhead, MN, and Peter B. Crary (appearance), Fargo, for defendant and appellee. Argued by Lisa Borgen, third-year law student.

LEVINE, Justice.

The State of North Dakota appeals from a district court order that two prior convictions of Michael J. Keyes for driving while under the influence of alcohol could not be used for enhancement purposes. We reverse and remand for further proceedings.

On June 29, 1988, and July 18, 1990, Keyes, appearing without counsel, pleaded guilty to DUI. On June 4, 1991, Keyes, appearing with counsel, pleaded guilty to a third DUI in a five-year period...

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