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STATE v. OLSON

Cr. No. 950292.

544 N.W.2d 144 (1996)

STATE of North Dakota, Plaintiff and Appellant, v. Donovan Jay OLSON, Defendant and Appellee.

Supreme Court of North Dakota.

February 28, 1996.

Attorney(s) appearing for the Case

Mark R. Boening, Assistant State's Attorney, Fargo, for plaintiff and appellant.

Charles C. Chinquist, Fargo, for defendant and appellee.

VANDE WALLE, Chief Justice.

The State of North Dakota appealed from a district court order that Donovan Jay Olson's prior conviction for driving while under the influence of alcohol in violation of section 39-08-01, NDCC, could not be used for enhancement purposes. Because a question of fact exists whether or not Olson waived all defects by his guilty plea in the prior conviction, we reverse and remand for further proceedings.

The State filed an Information...

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