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STATE v. BERNSTEIN

No. 20040298CA.

697 N.W.2d 371 (2005)

2005 ND APP 6

STATE of North Dakota, Plaintiff and Appellee, v. Loren Nelson BERNSTEIN, Defendant and Appellant.

Court of Appeals of North Dakota.

May 26, 2005.

Attorney(s) appearing for the Case

Anthony Swain Benson (on brief), Assistant State's Attorney, for plaintiff and appellee.

James G. Wolff (argued), The Law Offices of James G. Wolff, Mohall, N.D., for defendant and appellant.

PER CURIAM.

[¶ 1] Loren Bernstein has appealed from an order deferring imposition of sentence upon a conviction for criminal trespass. We reverse and remand for a new trial, concluding that the district court erred in refusing to admit evidence that Loren's father had told him to go to the property to retrieve some personal items.

I

[¶ 2] In 1972, LeRoy Bernstein deeded certain land to his daughter...

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