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STATE v. WIKA

Criminal No. 970267.

574 N.W.2d 831 (1998)

1998 ND 33

STATE of North Dakota, Plaintiff and Appellant, v. Daniel Ray WIKA, Defendant and Appellee.

Supreme Court of North Dakota.

February 12, 1998.

Attorney(s) appearing for the Case

Allen K. Albright, Assistant State's Attorney, Fargo, for plaintiff and appellant.

James F. Lester, Fargo, for defendant and appellee.

NEUMANN, Justice.

[¶ 1] The State appeals from the trial court's denial of its Rule 35(a), N.D.R.Crim. P., motion to correct an illegal sentence. We reverse the order denying the motion, vacate the illegal sentence, and remand for correction.

[¶ 2] Defendant Daniel Ray Wika was charged and pled guilty to terrorizing and aggravated assault, both class C felonies. Wika admitted to slashing a woman with a butcher knife, creating a four-inch slash, plus...

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