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STATE v. EMERY

No. 20070147.

743 N.W.2d 815 (2008)

2008 ND 3

STATE of North Dakota, Plaintiff and Appellee v. Gregory EMERY, Defendant and Appellant.

Supreme Court of North Dakota.

January 17, 2008.

Attorney(s) appearing for the Case

Christopher J. Nyhus, Assistant State's Attorney, Mandan, ND, for plaintiff and appellee.

Danny L. Herbel, The Regency Business Center, Bismarck, ND, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Gregory Emery appealed from a motion to correct his sentence after a jury found him guilty of driving under the influence ("DUI"). We reverse the district court order denying Emery's motion to correct his sentence and remand for resentencing in accordance with this opinion.

I.

[¶ 2] In April 2007, Emery was found guilty in a jury trial of DUI. During sentencing, the State told the district court it took...

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