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STATE v. MILLER

Cr. No. 870207.

418 N.W.2d 614 (1988)

STATE of North Dakota, Plaintiff and Appellee, v. Terry Franklin MILLER, Defendant and Appellant.

Supreme Court of North Dakota.

February 2, 1988.

Attorney(s) appearing for the Case

Anna M. Frissell, Asst. State's Atty. for Burleigh County, Bismarck, for plaintiff and appellee.

Michael R. Hoffman, Bismarck, for defendant and appellant.

VANDE WALLE, Justice.

Terry Franklin Miller appealed from an order committing him to the State Penitentiary to commence serving the balance of his sentence. We affirm.

On December 8, 1983, Miller pleaded guilty to the crime of attempting to obtain possession of a controlled substance by deception. Miller was sentenced to three years in the State Penitentiary. However, two years of the execution of that sentence were suspended for two years subject to the conditions...

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