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State v. Nguyen

Supreme Court of North Dakota

November 26, 2014

State of North Dakota, Plaintiff and Appellee
v.
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.

OPINION

Per Curiam.

[¶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.


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