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STATE v. BERGER

No. 980302.

590 N.W.2d 884 (1999)

1999 ND 46

STATE of North Dakota, Plaintiff and Appellee, v. Nevada Joe BERGER, Defendant and Appellant.

Supreme Court of North Dakota.

March 18, 1999.

Attorney(s) appearing for the Case

Brett M. Shasky, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee.

Robin L. Olson (argued), Olson Law Office, Grand Forks, ND and Brian W. Nelson (on brief), Nelson Law Office, Fargo, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Nevada Joe Berger appealed from an order denying a motion to suppress his 1994 and 1996 convictions for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor (APC). Berger argues his prior APC convictions should not be used to enhance his sentence for a 1998 conviction for driving under the influence of an intoxicating liquor (DUI). We affirm.<...

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