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GARCIA v. STATE

Nos. 20030162, 20030307.

678 N.W.2d 568 (2004)

2004 ND 81

Barry Caesar GARCIA, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

Rehearing Denied May 5, 2004.

Attorney(s) appearing for the Case

Richard J. Henderson, Nilles, Hansen & Davies, Ltd., Moorhead, MN, for petitioner and appellant.

Birch Peterson Burdick, State's Attorney, Fargo, for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Barry Caesar Garcia appealed from judgments denying his applications for post-conviction relief. We affirm.

I

[¶ 2] In West Fargo on November 15, 1995, Cherryl Tendeland was sitting in the front passenger seat of a car when she was shot and killed by a young man who fired a sawed-off shotgun through the front passenger window of the vehicle. Her husband, Pat Tendeland, was driving the vehicle, and Connie...

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