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STATE v. MARSHALL

Nos. 990151, 990152.

603 N.W.2d 878 (1999)

1999 ND 242

STATE of North Dakota, Plaintiff and Appellee, v. Floyd Solomon MARSHALL, Sr., Defendant and Appellant.

Supreme Court of North Dakota.

December 22, 1999.

Attorney(s) appearing for the Case

Douglas W. Nesheim, Wegner, Fraase, Nordeng, Johnson & Ramstad, Fargo, ND, for defendant and appellant. Submitted on brief.

Jennifer L. Thompson, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee. Submitted on brief.

KAPSNER, Justice.

[¶ 1] Floyd Solomon Marshall, Sr., appealed from a district court order denying his motion for correction of sentence. We hold the trial court did not err in determining Marshall was a dangerous special offender under N.D.C.C. § 12.1-32-09(1)(c) (1993). Because Marshall's criminal judgment and commitment indicates he pled guilty to burglary but a jury actually convicted him of accomplice to burglary, we direct the district court to correct...

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