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BERLIN v. STATE

No. 990250.

604 N.W.2d 437 (2000)

2000 ND 13

David C. BERLIN, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

January 19, 2000.

Attorney(s) appearing for the Case

Mark A. Beauchene and Chris A. Edison (argued), Fargo, for petitioner and appellant.

Birch P. Burdick, State's Attorney, Courthouse, Fargo, for respondent and appellee.

SANDSTROM, Justice.

[¶ 1] David C. Berlin appeals from an order of the East Central Judicial District Court dismissing his petition for post-conviction relief. Because the issue he raises on appeal was not raised below, we affirm.

I

[¶ 2] On October 1, 1997, Berlin was charged with aggravated assault and terrorizing. On October 2, 1997, Berlin was arraigned in district court, where the assistant state's attorney advised him each count was...

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