Filed 11/26/14 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2014 ND 211
State of North Dakota, Plaintiff and Appellee
v.
Matthew D. Nguyen, Defendant and Appellant
No. 20140183
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wickham Corwin, Judge.
AFFIRMED.
Per Curiam.
Gary E. Euren, Assistant State’s Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee; submitted on brief.
Mark Allan Friese and Neil Jeffrey Roesler, 218 NP Avenue, P.O. Box 1389, Fargo, ND 58107-1389, for defendant and appellant; submitted on brief.
State v. Nguyen
No. 20140183
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. VandeWalle, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Dale V. Sandstrom
[¶3] The Honorable Jay A. Schmitz, D.J., sitting in place of Kapsner, J., disqualified.