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STATE v. IRWIN

No. 20100082.

785 N.W.2d 245 (2010)

2010 ND 132

STATE of North Dakota, Plaintiff and Appellee v. Craig Allen IRWIN, Defendant and Appellant.

Supreme Court of North Dakota.

July 13, 2010.

Attorney(s) appearing for the Case

Allen M. Koppy, State's Attorney, Mandan, ND, for plaintiff and appellee.

Michael R. Hoffman, Bismarck, for defendant and appellant.

Jonathan R. Byers, Assistant Attorney General, Office of Attorney General, Bismarck, ND, for amicus curiae State of North Dakota. Submitted on brief.

VANDE WALLE, Chief Justice.

[¶ 1] Craig Allen Irwin appealed from the district court order denying his motion to withdraw his guilty plea to a fifth charge of driving under the influence of intoxicating liquor ("DUI") in seven years. We affirm because withdrawal of Irwin's guilty plea was not necessary to correct a manifest injustice.

I.

[¶ 2] On June 13, 2007, Irwin was arrested for DUI in Burleigh...

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