North Dakota Supreme Court July 23, 1981, Crim. 569-A (State v. Howe)

PEDERSON, Justice,

concurring specialty-

Because I agree that the trial court erred in concluding as a matter of law that it had no jurisdiction to hear Mr. Howe’s plea, I concur in the opinion authored by Chief Justice Erickstad. I am, however, constrained to add some comments.

The availability and the worth of “ex-punction” as a remedy should not be presupposed.