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STATE v. DIMMITT

No. 20030018.

665 N.W.2d 692 (2003)

2003 ND 111

STATE of North Dakota, Plaintiff and Appellee, v. Charles E. DIMMITT, Defendant and Appellant.

Supreme Court of North Dakota.

July 16, 2003.

Attorney(s) appearing for the Case

John P. Van Grinsven, III, State's Attorney, Minot, N.D., for plaintiff and appellee.

Faron E. Terry, Minot, N.D., for defendant and appellant.

NEUMANN, Justice.

[¶ 1] Charles Edwin Dimmitt appealed from a district court order denying his motion to withdraw his guilty plea to the offense of gross sexual imposition. We hold the district court violated N.D.R.Crim.P. 11(d)(1) by participating in plea negotiation discussions and the State failed to make the negotiated sentence recommendation, resulting in confusion and a manifest injustice in the sentencing process. We, therefore, reverse the order denying...

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