State v. Matuska, 2007 ND 190, 742 N.W.2d 839

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Filed Dec. 13, 2007
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IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2007 ND 190

State of North Dakota, Plaintiff and Appellee
v.
Mark Thomas Matuska, Defendant and Appellant

No. 20070124

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.
AFFIRMED.
Per Curiam.
Lloyd C. Suhr (argued), Assistant State's Attorney, Courthouse, 514 E. Thayer Ave., Bismarck, ND 58501, for plaintiff and appellee.
Robert V. Bolinske, Jr. (argued), 402 E. Main, Ste. 100, Bismarck, ND 58501, for defendant and appellant.


State v. Matuska

No. 20070124

Per Curiam.

1] Mark Matuska appeals from a criminal judgment and order denying his request to withdraw a guilty plea for the possession of methamphetamine within 1000 feet of a school, a class B felony.

2] On appeal, Matuska argues the district court abused its discretion in denying his request to withdraw his guilty plea under N.D.R.Crim.P. 32(d)(3).

3] We summarily affirm the criminal judgment and order denying Matuska's request to withdraw his guilty plea under N.D.R.App.P. 35.1(a)(4).

4] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring