State v. Davenport

[Go to Documents]Filed Apr. 19, 2006[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2006 ND 74

State of North Dakota, Plaintiff and Appellee
v.
Michael P. Davenport, Defendant and Appellant

No. 20050274

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge.
AFFIRMED.
Per Curiam.
Robert V. Bolinske, Jr., 515 North 4th Street, Bismarck, N.D. 58501, for defendant and appellant; submitted on briefs.
Julie A. Lawyer, Assistant State's Attorney, 514 E. Thayer Avenue, Bismarck, N.D. 58501-4413, for plaintiff and appellee; submitted on briefs.

State v. Davenport
No. 20050274

Per Curiam.

[¶1] Michael Davenport appeals from a trial court's order revoking his probation. He argues he received ineffective assistance of counsel because his attorney did not seek to introduce into evidence two psychological evaluations that he argues establish he was not likely to engage in additional acts of sexually predatory conduct.

[¶2] The trial court's judgment is based on findings of fact that are not clearly erroneous, and the trial court's revocation of Davenport's probation, based on those facts, was not an abuse of discretion. We summarily affirm under N.D.R.App.P. 35.1(a)(2), and (4).

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