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STATE v. STARKE

Nos. 20100062, 20100327.

800 N.W.2d 705 (2011)

2011 ND 147

STATE of North Dakota, Plaintiff and Appellee v. Richard A. STARKE, Defendant and Appellant. Richard Anthony Starke, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

July 18, 2011.

Attorney(s) appearing for the Case

Mark A. Flagstad , Assistant State's Attorney, Minot, N.D., for plaintiff, respondent, and appellee.

Thomas M. Tuntland , Mandan, N.D., for defendant, petitioner, and appellant.

SANDSTROM, Justice.

[¶ 1] In this consolidated appeal, Richard Starke appeals from the district court's criminal judgment entered after a jury found him guilty of terrorizing, sentencing him to three years in prison with one year suspended. He also appeals from the district court's order denying his petition for post-conviction relief. We reverse Starke's conviction and remand for a new trial, concluding that the district court erred by not giving Starke's requested...

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