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STATE v. TWEETEN

No. 20030151.

679 N.W.2d 287 (2004)

2004 ND 90

STATE of North Dakota, Plaintiff and Appellant v. Darin TWEETEN, Defendant and Appellee.

Supreme Court of North Dakota.

May 5, 2004.

Attorney(s) appearing for the Case

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

Wayne D. Goter of Goter Law Office, Bismarck, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] The State appeals from an Order of Dismissal of Information with Prejudice. We reverse the district court ruling and remand for further proceedings.

I.

[¶ 2] On December 10, 2002, Darin Tweeten was served with criminal information alleging he committed felony child abuse and neglect of his minor child. The trial was originally set for May 28, 2003. On May 27, 2003, the district court contacted the State's Attorney...

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