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STATE v. SCHMITT

No. 20000037.

623 N.W.2d 409 (2001)

2001 ND 57

STATE of North Dakota, Plaintiff and Appellee, v. Matthew Byron SCHMITT, Defendant and Appellant.

Supreme Court of North Dakota.

March 20, 2001.

Attorney(s) appearing for the Case

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

William Kirschner, Kirschner Law Office, Fargo, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Matthew Byron Schmitt appealed from convictions entered upon conditional guilty pleas under N.D.R.Crim.P. 11(a)(2) to manufacturing a controlled substance and possession of a controlled substance with intent to deliver. We remand for further proceedings.

I

[¶ 2] Schmitt lived with Lester Holbrook in a house at 502 Morrison Street in West Fargo. In May 1999, a district judge, acting as a magistrate, issued a warrant...

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