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STATE v. BENDER

Criminal No. 970014, Civil No. 970217.

576 N.W.2d 210 (1998)

1998 ND 72

STATE of North Dakota, Plaintiff and Appellee, v. Donald E. BENDER, Defendant and Appellant. Donald E. BENDER, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

April 1, 1998.

Attorney(s) appearing for the Case

Patricia L. Burke (argued), State's Attorney, Bismarck, for plaintiff, respondent and appellee.

Donald E. Bender, Bismarck, pro se.

NEUMANN, Justice.

[¶ 1] Donald Bender appeals from an amended criminal judgment and from an order denying his application for post-conviction relief. We affirm the amended criminal judgment, reverse the order denying post-conviction relief, and remand for further proceedings.

I. FACTS

[¶ 2] In April 1995 Bender pleaded guilty to criminal trespass and aggravated assault. He was sentenced to five years in the state penitentiary, with three...

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