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STATE v. SCHWEITZER

No. 20060243.

735 N.W.2d 873 (2007)

2007 ND 122

STATE of North Dakota, Plaintiff and Appellee, v. Jodi Rae SCHWEITZER, Defendant and Appellant.

Supreme Court of North Dakota.

July 25, 2007.

Attorney(s) appearing for the Case

Jodi Bass (argued), third-year law student, under the Rule on Limited Practice of Law by Law Students, and Deborah Louise Garner (appeared), Assistant State's Attorney, Grand Forks, N.D., for plaintiff and appellee.

Larry James Richards, Grand Forks, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Jodi Rae Schweitzer appeals from a criminal judgment entered after a jury convicted him of aggravated assault. We affirm, concluding the district court did not abuse its discretion in admitting certain testimony as an excited utterance, sufficient evidence exists to sustain the conviction, and the record on appeal does not support Schweitzer's claim that he received ineffective assistance of trial counsel.

I

[¶...

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