STATE v. BERNSDORF

No. 20100017.

784 N.W.2d 126 (2010)

2010 ND 123

STATE of North Dakota, Plaintiff and Appellant v. Justin Frederick BERNSDORF, Defendant and Appellee.

Supreme Court of North Dakota.

June 30, 2010.


Attorney(s) appearing for the Case

Bradford Alan Peterson, Assistant State's Attorney, Minot, ND, for plaintiff and appellant.

Robert Wade Martin, North Dakota Public Defenders' Office, Minot, ND, for defendant and appellee.


CROTHERS, Justice.

[¶ 1] The State attempted to appeal the district court's judgment acquitting Justin Bernsdorf on the charge of actual physical control of a motor vehicle with a blood-alcohol concentration of 0.08 percent or greater. The State subsequently requests that the appeal be treated as an application for a supervisory writ. We dismiss the appeal and decline to exercise our supervisory authority.

I

[¶ 2] On July 11, 2009, a Ward...

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