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  5. 560 N.W.2d 194 (1997)
 

STATE v. FOSTER

Nos. Criminal 960025; Civil 960176.

560 N.W.2d 194 (1997)

STATE of North Dakota, Plaintiff and Appellee, v. Mark Anthony FOSTER, Defendant and Appellant. Mark Anthony FOSTER, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

Rehearing Denied February 12, 1997.

Attorney(s) appearing for the Case

Mark Anthony Foster (argued), pro se., for Defendant-Appellant.

Mark R. Boening (argued), Asst. State's Attorney, Fargo, for Plaintiff-Appellee.

MARING, Justice.

[¶ 1] Mark Foster appeals from the denial of his motion for a new trial and the denial of his application for post conviction relief. We affirm the trial court's denial of application for post-conviction relief and dismiss the appeal from the order denying a new trial.

FACTS

[¶ 2] On September 1, 1994, while incarcerated at the North Dakota State Penitentiary for an unrelated charge, Mark Foster signed an "Inmate's Notice...

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