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STATE v. ELLIS

No. 20000092.

625 N.W.2d 544 (2001)

2001 ND 84

STATE of North Dakota, Plaintiff and Appellee, v. Blaine Douglas ELLIS, Defendant and Appellant.

Supreme Court of North Dakota.

May 1, 2001.

Attorney(s) appearing for the Case

Wade L. Webb (argued), and Lori S. Mickelson (appeared), Assistant State's Attorneys, Fargo, ND, for plaintiff and appellee.

Mark T. Blumer (argued), Kevin M. Miller (appeared), and Brian W. Nelson (on brief), Nelson, Blumer & Johnson, P.L.L.P., Fargo, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Blaine Douglas Ellis appealed from a conviction entered upon a jury verdict finding him guilty of attempted murder. We hold the trial court did not abuse its discretion in denying Ellis' pretrial motion for change of venue, the court did not err in denying his request for a jury instruction on aggravated assault, and the court did not err in considering a prior conviction which was pending appeal when sentencing Ellis. We affirm.

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