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STATE v. RATH

No. 20170077.

901 N.W.2d 51 (2017)

2017 ND 213

STATE of North Dakota, Plaintiff and Appellee v. Mark RATH, Respondent and Appellant.

Supreme Court of North Dakota.

Filed August 29, 2017.

Attorney(s) appearing for the Case

Marina Spahr , Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.

Mark A. Rath , Bismarck, N.D., respondent and appellant.

[¶ 1] Mark Rath appeals from a district court order denying his petition to correct his sentence or declare a "mistrial" based on his claim of prejudicial sentencing. We conclude the court did not abuse its discretion in denying Rath's petition under N.D.R.Crim.P. 35 because his sentence was not illegal. We treat his request...

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