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  5. 697 N.W.2d 368 (2005)
 

STATE v. SMITH

No. 20050004CA.

697 N.W.2d 368 (2005)

2005 ND APP 5

STATE of North Dakota, Plaintiff and Appellee, v. Clifford SMITH, Defendant and Appellant.

Court of Appeals of North Dakota.

May 25, 2005.

Attorney(s) appearing for the Case

John Jeremy Mahoney, State's Attorney, Center, N.D., for plaintiff and appellee.

Chad R. McCabe, Vinje Law Firm, Bismarck, N.D., for defendant and appellant.

PER CURIAM.

[¶ 1] Clifford Smith appealed from a criminal judgment, entered upon Smith's conditional guilty plea to the charge of driving under the influence of alcohol in violation of N.D.C.C. § 39-08-01, and causing serious bodily injury to another. We hold Smith's sentence to 90 days incarceration under N.D.C.C. § 39-08-01.2(2), is an illegal sentence in violation of the maximum penalty of 30 days incarceration...

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