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CITY OF BISMARCK v. GLASS

Criminal No. 980031CA.

581 N.W.2d 474 (1998)

1998 ND APP 1

CITY OF BISMARCK, Plaintiff and Appellee, v. Brian Anthony GLASS, Defendant and Appellant.

Court of Appeals of North Dakota.

July 7, 1998.

Attorney(s) appearing for the Case

Paul H. Fraase (argued), Assistant City Attorney, Bismarck, for plaintiff and appellee.

Benjamin C. Pulkrabek (argued), Mandan, for defendant and appellant.

PER CURIAM.

[¶ 1] Brian Anthony Glass appealed from a conviction entered upon a conditional plea of guilty under N.D.R.Crim.P. 11 for driving while under the influence. We reverse the trial court's denial of Glass's motion to suppress and remand with instructions to allow him to withdraw his conditional guilty plea.

[¶ 2] At 7:30 p.m. on June 20, 1997, Bismarck police officer Craig Calkins observed a driver, later identified as Glass, who "appeared...

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