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State v. Nguyen

Supreme Court of North Dakota.
Nov 26, 2014
2014 N.D. 211 (N.D. 2014)

Opinion

No. 20140183.

2014-11-26

STATE of North Dakota, Plaintiff and Appellee, v. Matthew D. NGUYEN, Defendant and Appellant.

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, ND, for plaintiff and appellee; submitted on brief.Mark Allan Friese and Neil Jeffrey Roesler, Fargo, ND, for defendant and appellant; submitted on brief.


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, ND, for plaintiff and appellee; submitted on brief. Mark Allan Friese and Neil Jeffrey Roesler, Fargo, ND, for defendant and appellant; submitted on brief.
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. VANDE WALLE, C.J., DANIEL J. CROTHERS, LISA FAIR McEVERS, and DALE V. SANDSTROM, JJ., concur.

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


Summaries of

State v. Nguyen

Supreme Court of North Dakota.
Nov 26, 2014
2014 N.D. 211 (N.D. 2014)
Case details for

State v. Nguyen

Case Details

Full title:STATE of North Dakota, Plaintiff and Appellee, v. Matthew D. NGUYEN…

Court:Supreme Court of North Dakota.

Date published: Nov 26, 2014

Citations

2014 N.D. 211 (N.D. 2014)
858 N.W.2d 652

Citing Cases

State v. Williams

This Court also declined to reverse its holding in Nguyen. See State v. Nguyen, 2014 ND 211, ¶ 1, 858 N.W.2d…