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STATE v. ATKINS

No. 20180411.

928 N.W.2d 441 (2019)

2019 ND 145

STATE of North Dakota, Plaintiff and Appellee v. Cody Michael ATKINS, Defendant and Appellant

Supreme Court of North Dakota.

Corrected May 28, 2019.

Attorney(s) appearing for the Case

Meredith H. Larson , Assistant State's Attorney, Grand Forks, ND, for plaintiff and appellee; submitted on brief.

Scott O. Diamond , Fargo, ND, for defendant and appellant; submitted on brief.

[¶1] Cody Michael Atkins appeals from a district court order denying his motion to withdraw his guilty plea and his motion for a new trial. Atkins argues the district court erred by (1) classifying his motion to withdraw his guilty plea as a post-conviction relief proceeding, and (2) finding he was procedurally barred from...

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