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STATE v. BERGER

No. 20000174.

623 N.W.2d 25 (2001)

2001 ND 44

STATE of North Dakota, Plaintiff and Appellee, v. Kenneth M. BERGER, Defendant and Appellant.

Supreme Court of North Dakota.

March 5, 2001.

Attorney(s) appearing for the Case

Ladd R. Erickson, Assistant State's Attorney, Mandan, ND, for plaintiff and appellee.

Rauleigh D. Robinson, Bismarck, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Kenneth M. Berger appeals from a criminal judgment and order, based on his guilty plea which reserved his right to appeal the trial court's denial of his motion to dismiss the charge and his motion to suppress Intoxilyzer results due to an alleged violation of his statutory right to consult with counsel. We affirm.

I

[¶ 2] On November 11, 1999, at about 1:00 a.m., a sheriff...

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