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STATE v. STEEN

Nos. 20020355-20020360.

665 N.W.2d 688 (2003)

2003 ND 116

STATE of North Dakota, Plaintiff and Appellee, v. Duane F. STEEN, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied August 20, 2003.

Attorney(s) appearing for the Case

Linda L. Hickman, State's Attorney, Williston, ND, for plaintiff and appellee.

LeRoy P. Anseth, Williston, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Duane F. Steen ("Steen") appeals from a district court order vacating a Rule 35(b), N.D.R.Crim.P., reduction in sentence. We conclude the district court acted beyond the 120-day period permitted by Rule 35(b); therefore, the district court did not have the power to reduce Steen's criminal sentence. The district court order vacating Steen's sentence reduction is affirmed.

I

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