State v. Smith

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Court Description: Criminal judgment for class C felony driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(3).



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2015 ND 143

State of North Dakota, Plaintiff and Appellee
v.
Sheldon Mark Smith, Defendant and Appellant

No. 20150019

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.
AFFIRMED.
Per Curiam.
Reid A. Brady and Cherie L. Clark, Assistant State's Attorneys, Cass County Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for plaintiff and appellee; submitted on brief.
Clint D. Morgenstern, 424 DeMers Avenue, Grand Forks, N.D. 58201, for defendant and appellant; submitted on brief.

State v. SmithNo. 20150019

Per Curiam.

[¶1] Sheldon Smith appeals from a criminal judgment of conviction of class C felony driving under the influence, entered after he conditionally pled guilty, "reserving his right to appeal a pre-trial order denying his motion to dismiss for lack of probable cause." We affirm under N.D.R.App.P. 35.1(a)(3).

[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Lisa Fair McEvers
Carol Ronning Kapsner

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