Spath v. State

[Go to Documents]Filed June 17, 2003[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2003 ND 94

Adrian M. Spath, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20030022

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.
AFFIRMED.
Per Curiam.
Richard E. Edinger (submitted on brief), P.O. Box 1295, Fargo, N.D. 58107-1295, for petitioner and appellant.
Brett M. Shasky (submitted on brief), Assistant State's Attorney, Cass County Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for respondent and appellee.

Spath v. State
No. 20030022

Per Curiam.

[¶1] Adrian Spath appeals from the December 16, 2002, judgment dismissing his Application for Post-Conviction Relief dated May 21, 2002. Spath urges this Court to exercise its inherent constitutional powers to reverse the December 16, 2002, judgment; dismiss his 1997 conspiracy convictions; and allow him to plead guilty to a lesser charge.

[¶2] We summarily affirm under N.D.R.App. P. 35.1(a)(2).

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