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DAILEY v. STATE

No. 20110014.

807 N.W.2d 225 (2011)

2011 ND 223

Todd A. DAILEY, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

December 13, 2011.

Attorney(s) appearing for the Case

Jay Ryan Greenwood , Dickinson, N.D., for petitioner and appellant.

Eric Bruce Hetland , State's Attorney, Steele, N.D., for respondent and appellee.

CROTHERS, Justice.

[¶ 1] Todd Dailey appeals from a district court order denying his application for post-conviction relief. We reverse, concluding Dailey's DUI sentence is illegal, and remand for re-sentencing.

I

[¶ 2] In 2005, Dailey was convicted upon a jury verdict finding him guilty of manslaughter and of driving under the influence of intoxicating liquor ("DUI"), his fifth offense in seven years. Dailey was sentenced to serve five...

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