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STATE v. HIGGINS

No. 20030320.

680 N.W.2d 645 (2004)

2004 ND 115

STATE of North Dakota, Plaintiff and Appellant v. Randy Brian HIGGINS, Defendant and Appellee.

Supreme Court of North Dakota.

June 3, 2004.

Attorney(s) appearing for the Case

Brandi Sasse Russell, Assistant State's Attorney, Bismarck, ND, for plaintiff and appellant.

Justin D. Roness (argued), Thomas A. Dickson, and Timothy Q. Purdon, Dickson & Purdon, Bismarck, ND, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] The State appealed a district court order denying its motion to amend a criminal complaint, granting Randy Brian Higgins's motion to suppress evidence, and granting Higgins's motion to dismiss. We reverse and remand.

I

[¶ 2] At 10:30 p.m. on July 12, 2003, Higgins received a citation alleging he committed "the following offense: Operate a motorboat while under the influence in violation of Sec. ...

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