Evans v. State

Evans v. State, 551 N.W.2d 567 (N.D. 1996)

[Go to Documents]Filed Feb. 28, 1996IN THE SUPREME COURTSTATE OF NORTH DAKOTA

Steven Duane Evans, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Civil Nos. 950293 & 950294

Appeal from the District Court for Burleigh County, South Central Judicial District, the Honorable Benny A. Graff, Judge.
AFFIRMED.
Per Curiam.
Thomas K. Schoppert and Paul Probst, of Schoppert Law Firm, Minot, for petitioner and appellant.
Richard J. Riha, Assistant State's Attorney, Bismarck, for respondent and appellee.

Evans v. State
Civil Nos. 950293 & 950294

Per Curiam.

Steven Duane Evans appealed from the summary denial of his motion for post-conviction relief to withdraw his guilty pleas to two charges of burglary. Evans contends that he should have been allowed to withdraw his guilty pleas because, when the trial court accepted the pleas, it did not first, by addressing him personally in open court, (1) inform him of certain rights as required by N.D.R.Crim.P. 11(b), and (2) determine the pleas were voluntary as required by N.D.R.Crim.P. 11(c).

We affirm under N.D.R.App.P. 35.1(a)(4), (6), and (7). See State v. Parisien, 469 N.W.2d 563 (N.D. 1991) [requirement of "addressing the defendant personally" is satisfied when court gives group explanation of rights and subsequently requires each defendant to respond individually] and State v. Hoffarth, 456 N.W.2d 111 (N.D. 1990) [record of arraignment can be considered in conjunction with record of change-of-plea hearing to determine compliance with N.D.R.Crim.P. 11].

Gerald W. VandeWalle, C. J.
Gordon O. Hoberg, S. J.
William A. Neumann
Beryl J. Levine
Herbert L. Meschke

GORDON O. HOBERG, S. J., sitting in place of Sandstrom, J., disqualified.