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STATE v. TOMPKINS

No. 20220270.

988 N.W.2d 556 (2023)

2023 ND 61

STATE of North Dakota, Plaintiff and Appellee v. Brandon Todd TOMPKINS, Defendant and Appellant.

Supreme Court of North Dakota.

Filed March 31, 2023.

Attorney(s) appearing for the Case

Frederick R. Fremgen , State's Attorney, Jamestown, ND, for plaintiff and appellee.

Drew J. Hushka (argued) and Luke T. Heck (on brief), Fargo, ND, for defendant and appellant.

[¶1] Brandon Tompkins appeals his convictions for driving under the influence ("DUI") and actual physical control ("APC"). Tompkins asserts the district court erred by providing jury instructions merging the offenses of driving or being in actual physical control while under the influence of an intoxicating liquor and...

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