Shermer v. State

Brian Joseph Shermer, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20160115

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.
AFFIRMED.
Per Curiam.
Charles A. Stock, 407 N. Broadway, P.O. Box 605, Crookston, MN 56716-0605, for petitioner and appellant.
Marina Spahr, Burleigh County Assistant State's Attorney, 514 E. Thayer Ave., Bismarck ND 58501, for respondent and appellee.

Shermer v. StateNo. 20160115

Per Curiam.

[¶1] Brian Shermer appeals from a district court order summarily dismissing his application for post-conviction relief. Shermer argues the district court erred dismissing his application because the evidence he submitted generated a genuine issue of material fact regarding the factual basis of his guilty plea and he received ineffective assistance of counsel because his counsel did not object to the factual basis. We affirm under N.D.R.App.P. 35.1(a)(6).

[¶2] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Carol Ronning Kapsner
Dale V. Sandstrom