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CITY OF FARGO v. LEVINE

No. 20070098.

747 N.W.2d 130 (2008)

2008 ND 64

CITY OF FARGO, Plaintiff and Appellee v. Glenn Richard LEVINE, Defendant and Appellant.

Supreme Court of North Dakota.

April 17, 2008.

Attorney(s) appearing for the Case

Renata June Olafson Selzer (submitted on brief), Fargo City Prosecutor's Office, Fargo, ND, for plaintiff and appellee.

Steven M. Light (submitted on brief), Larivee & Light, Fargo, ND, for defendant and appellant.

CROTHERS, Justice.

[¶ 1] Glenn Levine appeals the district court's criminal judgment following his conditional guilty plea to the charge of driving under the influence under section 8-0310 of the Fargo Municipal Code. Levine argues the district court erred in denying Levine's motion to compel disclosure of the source code of the Intoxilyzer device. We affirm, concluding Levine failed to show Fargo had possession, custody or control of the code.

I

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