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GARCIA v. STATE

No. 20180316.

925 N.W.2d 442 (2019)

2019 ND 103

Barry C. GARCIA, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

Filed April 11, 2019.

Attorney(s) appearing for the Case

John R. Mills (argued), San Franciso, CA, and Samuel A. Gereszek (appeared), East Grand Forks, MN, for petitioner and appellant.

Birch P. Burdick , Fargo, ND, for respondent and appellee.

Todd E. Zimmerman , Benjamin J. Hasbrouck , and Aubrey J. Fiebelkorn-Zuger , Fargo, ND, for amicus curiae The Promise of Justice Initiative.

S. Bradley Perkins and Namrata Kotwani , San Francisco, CA, for amicus curiae The Promise of Justice Initiative.

[¶1] Barry Garcia appeals from a district court order denying his request for a new trial and determining N.D.C.C. § 12.1-32-13.1 does not apply to his criminal sentence. We affirm the order of the district court denying Garcia's request for a new trial and determining N.D.C...

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