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STATE v. SERR

Criminal Nos. 970282, 970283.

575 N.W.2d 896 (1998)

1998 ND 66

STATE of North Dakota, Plaintiff and Appellant, v. Michael Todd SERR, Defendant and Appellee. STATE of North Dakota, Plaintiff and Appellant, v. Karmon Michelle KOBLE, a/k/a Karmon Utter, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied May 20, 1998.

Attorney(s) appearing for the Case

Ladd R. Erickson, Assistant State's Attorney, for plaintiff and appellant.

Robert W. Martin, Bismarck, for Michael Todd Serr, defendant and appellee.

Ralph A. Vinje, Vinje Law Firm, Bismarck, for Karmon Michelle Koble, defendant and appellee.

SANDSTROM, Justice.

[¶ 1] The State appeals an order dismissing charges of conspiracy to deliver a controlled substance against Karmon Koble and Michael Serr. We conclude we have jurisdiction to hear this appeal, and because probable cause does not exist to bind the defendants over for trial, we affirm.

I

[¶ 2] Karmon Koble and Michael Serr were each charged by criminal complaint with two counts of possession of a controlled substance with...

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