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STATE v. EBERTZ

No. 20090245.

782 N.W.2d 350 (2010)

2010 ND 79

STATE of North Dakota, Plaintiff and Appellee v. George Anthony EBERTZ, Defendant and Appellant.

Supreme Court of North Dakota.

May 11, 2010.

Attorney(s) appearing for the Case

Tyrone Jay Turner, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee; submitted on brief.

Kent M. Morrow, Bismarck, N.D., for defendant and appellant; submitted on brief.

MARING, Justice.

[¶ 1] George Ebertz appeals from a district court order dismissing the State's motion to revoke his probation and ordering his conviction stands and the file will not be sealed. Ebertz argues the district court committed reversible error by revoking his deferred imposition of sentence. We conclude the district court did not have jurisdiction to order Ebertz's conviction stands and the file will not be sealed, and we reverse that part of the court...

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