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State v. Smith

Supreme Court of North Dakota

June 11, 2015

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

Editorial Note:

The opinion cannot be considered final until disposition of such petition for rehearing by the court or expiration of 14 days from filing date.

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.

AFFIRMED.

Reid A. Brady and Cherie L. Clark, Assistant State's Attorneys, Fargo, N.D., for plaintiff and appellee; submitted on brief.

Clint D. Morgenstern, Grand Forks, N.D., for defendant and appellant; submitted on brief.

OPINION

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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