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STATE v. BALLENSKY

Criminal No. 980108.

586 N.W.2d 163 (1998)

1998 ND 197

STATE of North Dakota, Plaintiff and Appellee, v. Jerric BALLENSKY, Defendant and Appellant.

Supreme Court of North Dakota.

November 19, 1998.

Attorney(s) appearing for the Case

Larry W. Quast, State's Attorney, Stanton, for plaintiff and appellee.

Michael R. Hoffman, of Tuntland and Hoffman, Mandan, for defendant and appellant.

MARING, Justice.

[¶ 1] Jerric Ballensky appeals from the district court's order revoking his probation. Because the district court's finding that Ballensky violated a condition of his probation is clearly erroneous, we reverse.

I

[¶ 2] On September 12, 1996, the Mercer County State's Attorney filed a criminal complaint against Ballensky on the charge of manslaughter. The State alleged in the complaint that Ballensky recklessly caused the...

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