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STATE v. KLEIN

Criminal No. 960146.

560 N.W.2d 198 (1997)

1997 ND 25

STATE of North Dakota, Plaintiff and Appellee, v. Joseph M. KLEIN, Defendant and Appellant.

Supreme Court of North Dakota.

February 12, 1997.

Attorney(s) appearing for the Case

Jonathan R. Byers, Assistant Attorney General, Bismarck, for plaintiff and appellee.

Wayne D. Goter of Wheeler Wolf, Bismarck, for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Joseph M. Klein appealed from a district court order denying his motion to withdraw his guilty plea and denying his attorney's motion to withdraw as counsel. We conclude Klein was entitled to withdraw his plea as a matter of right; therefore, the district court erred in denying Klein's motion to withdraw his guilty plea. We further conclude the district court did not abuse its discretion in denying the motion to withdraw as counsel....

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