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State v. Burris - Criminal No. 950327
State: North Dakota
Court: Supreme Court
Docket No: 950327
Case Date: 03/01/1996
Plaintiff: State
Defendant: Burris - Criminal No. 950327
Preview:State v. Burris, 545 N.W.2d 192 (N.D. 1996)
State v. Burris, 545 N.W.2d 192 (N.D. 1996)
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Filed Mar. 19, 1996

IN THE SUPREME COURT

STATE OF NORTH DAKOTA
State of North Dakota, Plaintiff and Appellee
v.
Patrick Michael Burris, Defendant and Appellant

Criminal No. 950327
Appeal from the District Court for Grand Forks County, Northeast Central Judicial District, the Honorable Joel D.

Medd, Judge.
AFFIRMED.
Opinion of the Court by Meschke, Justice.
David T. Jones (argued), Assistant State's Attorney, Courthouse, P.O. Box 5607, Grand Forks, ND 58206-5607, for
plaintiff and appellee.
Thomas B. Jelliff (argued), 306 Bruce Avenue, Grand Forks, ND 58201, for defendant and appellant.


[545 N.W.2d 193]

State v. Burris
Criminal No. 950327


Meschke, Justice.
Patrick Michael Burris appeals from the denial of his motion to suppress evidence and from his conviction, through a conditional guilty plea, for driving under the influence of alcohol. We affirm.
Near 2:00 a.m. on January 15, 1995, North Dakota Highway Patrol Trooper Dennis Pengilly observed Burris's pickup entering I-29 at Exit 145. By the time Pengilly also entered I-29 and accelerated to sixty-five miles per hour, Burris was about three-quarters of a mile ahead of him. Pengilly later testified that Burris appeared to be traveling about fifty
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