STATE v. MACKEY

No. 20100377.

805 N.W.2d 98 (2011)

2011 ND 203

STATE of North Dakota, Plaintiff and Appellee, v. Kyle Taft MACKEY, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied November 15, 2011.


Attorney(s) appearing for the Case

Ryan M. Norrell (argued), State's Attorney, SE, LaMoure, ND, for plaintiff and appellee.

William Kirschner (argued), Fargo, ND, for defendant and appellant.


KAPSNER, Justice.

[¶ 1] Kyle Mackey appeals from a district court order amending his sentence and denying his motion to withdraw his guilty plea. Mackey argues the court's original sentence was illegal, and he should have been allowed to withdraw his guilty plea because a manifest injustice occurred as a result of the court's original sentence. We affirm, concluding withdrawal of Mackey's guilty plea is not necessary to correct a manifest injustice.

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