STATE v. VANDEHOVEN

No. 20080308.

772 N.W.2d 603 (2009)

2009 ND 165

STATE of North Dakota, Plaintiff and Appellee v. Preston Taylor VANDEHOVEN, Defendant and Appellant.

Supreme Court of North Dakota.

September 16, 2009.


Attorney(s) appearing for the Case

Travis Scott Peterson (on brief), State's Attorney, New Rockford, N.D., for plaintiff and appellee.

Faron Eugene Terry, Minot, N.D., for defendant and appellant.


MARING, Justice.

[¶ 1] Preston Vandehoven appeals from a criminal judgment entered upon a plea of guilty to operating or being in actual physical control of a motor vehicle while under the influence of alcohol. We reverse the judgment and remand to allow Vandehoven to withdraw his guilty plea, concluding the district court committed obvious error when it participated in plea negotiations in violation of N.D.R.Crim.P. 11(c)(1) and failed to fully advise Vandehoven...

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