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STATE v. SKARSGARD

No. 20070034.

740 N.W.2d 64 (2007)

2007 ND 159

STATE of North Dakota, Plaintiff and Appellee v. Rockwell Dean SKARSGARD, Defendant and Appellant.

Supreme Court of North Dakota.

October 16, 2007.

Attorney(s) appearing for the Case

Mark A. Flagstad, Assistant State's Attorney, Minot, ND, for plaintiff and appellee.

Mark S. Douglas, N.D. Public Defender's Office, Williston, ND, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Rockwell Skarsgard appealed from a criminal judgment and sentence entered after a jury found him guilty of driving under the influence ("DUI") and driving under suspension ("DUS"). Skarsgard argued criminal judgments on appeal to this Court are not "convictions" for the purpose of sentence enhancement from a DUI to a DUI-5th, a class C felony, nor for the purpose of sentence enhancement from a DUS to a DUS-4th, a class A misdemeanor...

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