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STATE v. FERRIE

Nos. 20070370, 20070371.

755 N.W.2d 890 (2008)

2008 ND 170

STATE of North Dakota, Plaintiff and Appellant, v. Brian Raymond FERRIE, Defendant and Appellee. State of North Dakota, Plaintiff and Appellant, v. Liyandza Charles Williams, Defendant.

Supreme Court of North Dakota.

September 23, 2008.

Attorney(s) appearing for the Case

Carmell F. Mattison (argued) and Thomas H. Falck, Jr. (on brief), Assistant State's Attorneys, Grand Forks, N.D., for plaintiff and appellant.

John A. Thelen, Spaeth Thelen & Richards, Grand Forks, N.D., for defendant and appellee Brian Raymond Ferrie; submitted on brief.

Liyandza C. Williams, defendant; no appearance.

SANDSTROM, Justice.

[¶ 1] The State appeals from district court orders dismissing the cases against Brian Ferrie and Liyandza Williams. We conclude the district court erred in dismissing the cases under N.D.R.Crim.P. 48(b), and we vacate the court's orders.

I

[¶ 2] On November 24, 2007, Ferrie was arrested for driving under the influence, possession of drug paraphernalia, and possession of a...

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