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STATE v. MURPHY

No. 20140079.

855 N.W.2d 647 (2014)

2014 ND 202

STATE of North Dakota, Plaintiff and Appellee v. Rapheal Jamell MURPHY, Defendant and Appellant.

Supreme Court of North Dakota.

November 5, 2014.

Attorney(s) appearing for the Case

Tracy J. Peters , Assistant State's Attorney, Fargo, N.D., for plaintiff and appellee.

Benjamin C. Pulkrabek , Mandan, N.D., for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Rapheal Jamell Murphy appeals from a criminal judgment entered after he pleaded guilty to one count of delivering cocaine within 1,000 feet of a school. We affirm in part, concluding Murphy's guilty plea was entered in substantial compliance with N.D.R.Crim.P. 11. However, because the district court misinterpreted N.D.C.C. § 19-03.1-23.2 in determining the scope of its discretion in sentencing Murphy, we vacate the sentence and remand...

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