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STATE v. ERICKSON

No. 20100285.

795 N.W.2d 375 (2011)

2011 ND 49

STATE of North Dakota, Plaintiff and Appellant v. Drew Wyatt ERICKSON, Defendant and Appellee.

Supreme Court of North Dakota.

March 22, 2011.

Attorney(s) appearing for the Case

Bradford A. Peterson (argued), Assistant State's Attorney, Minot, ND, for plaintiff and appellant.

Drew Wyatt Erickson , defendant and appellee; no appearance.

VANDE WALLE, Chief Justice.

[¶ 1] The State of North Dakota appealed the district court's order dismissing the criminal action against Drew Wyatt Erickson for unlawful consumption of alcohol by a minor. We vacate the order of the district court and remand for sentencing.

I.

[¶ 2] On July 30, 2010, Erickson attended a concert at the North Dakota State Fair in Minot. A security guard observed him holding a cup of red liquid and escorted him...

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