State v. Nguyen

¶1Filed 11/26/14 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72014 ND 211

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¶11State of North Dakota, Plaintiff and Appellee

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¶13v.

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¶15Matthew D. Nguyen, Defendant and Appellant

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¶19No. 20140183

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¶23Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wickham Corwin, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Gary E. Euren, Assistant State’s Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee; submitted on brief.

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¶31Mark Allan Friese and Neil Jeffrey Roesler, 218 NP Avenue, P.O. Box 1389, Fargo, ND 58107-1389, for defendant and appellant; submitted on brief.

¶32State v. Nguyen

¶33No. 20140183

¶34

¶35Per Curiam.

¶36[¶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).  SeeState v. Nguyen, 2013 ND 252, 841 N.W.2d 676.

¶37[¶2] Jay A. Schmitz, D.J.

¶38Gerald W. VandeWalle, C.J.

¶39Daniel J. Crothers

¶40Lisa Fair McEvers

¶41Dale V. Sandstrom

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¶43[¶3] The Honorable Jay A. Schmitz, D.J., sitting in place of Kapsner, J., disqualified.