State v. Stephens

State v. Stephens, 1999 ND 101, 598 N.W.2d 860

Filed June 18, 1999
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
1999 ND 101

State of North Dakota, Plaintiff and Appellee
v.
Robert Raymond Stephens, Defendant and Appellant

No. 980387

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.
AFFIRMED.
Per Curiam.
Jennifer L. Thompson, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee.
Douglas W. Nesheim (argued) and Mervin D. Nordeng, Wegner, Fraase, Nordeng, Johnson & Ramstad, 15 South Ninth Street, Fargo, ND 58103, for defendant and appellant.

State v. Stephens
No. 980387

Per Curiam.

[¶1] Robert Raymond Stephens appealed from a district court order revoking his probation and sentencing him to serve three five-year sentences to run concurrently, with credit given for time previously served. Stephens raises several arguments on appeal, including ineffective assistance of counsel. We affirm under Rule 35.1(a)(2) and (4), N.D.R.App.P. But see DeCoteau v. State, 1998 ND 199, ¶ 7, 586 N.W.2d 156 (stating that when a conviction is summarily affirmed on direct appeal, the denial of an ineffective assistance claim is without prejudice to raising the issue in a post-conviction proceeding).

[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner