November 26, 2014
State of North Dakota, Plaintiff and Appellee
Matthew D. Nguyen, Defendant and Appellant
Petition for certiorari filed at, 02/11/2015
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wickham Corwin, Judge.
Gary E. Euren, Assistant State's Attorney, Courthouse, Fargo, ND, for plaintiff and appellee; submitted on brief.
Mark Allan Friese and Neil Jeffrey Roesler, Fargo, ND, for defendant and appellant; submitted on brief.
Jay A. Schmitz, D.J., Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Dale V. Sandstrom. The Honorable Jay A. Schmitz, D.J., sitting in place of Kapsner, J., disqualified.
[¶1] Matthew D. Nguyen appeals from an order deferring imposition of sentence entered after this Court reversed a district court order suppressing evidence found in Nguyen's apartment during the execution of a warrant obtained after a drug-sniffing dog in the common hallway of his secured apartment building alerted outside his apartment. Nguyen argues we should reverse our prior holding. We decline the invitation and summarily affirm under N.D.R.App.P. 35.1(a)(7). See State v. Nguyen, 2013 ND 252, 841 N.W.2d 676.
[¶2] Jay A. Schmitz, D.J., Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Dale V. Sandstrom
[¶3] The Honorable Jay A. Schmitz, D.J., sitting in place of Kapsner, J., disqualified.