¶1Filed 11/27/12 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11Edward Waslaski Jr., Petitioner and Appellant
¶13v.
¶15State of North Dakota, Respondent and Appellee
¶19Nos. 20120291, 20120292 & 20120293
¶23Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Benjamin C. Pulkrabek (on brief), 402 1st St. NW, Mandan, N.D. 58554-3118, for petitioner and appellant.
¶31Leah J. Viste (on brief), Assistant State’s Attorney, P.O. Box 2806, Fargo, N.D. 58108-2806, for respondent and appellee.
¶33Nos. 20120291-20120293
¶35Per Curiam.
¶36[¶1] Edward Waslaski, Jr., appealed from a trial court order summarily dismissing his application for post-conviction relief. On appeal, Waslaski argues he received ineffective assistance of counsel and the trial court failed to advise him of his rights under N.D.R.Crim.P. 11(b).
¶37[¶2] We affirm under N.D.R.App.P. 35.1(a)(6) and (7); seeUde v. State, 2009 ND 71, ¶ 12, 764 N.W.2d 419 (stating a petitioner is not entitled to an evidentiary hearing on his application for post-conviction relief if he fails to provide any competent evidence to raise a genuine issue of material fact).
¶38[¶3] Gerald W. VandeWalle, C.J.
¶39Mary Muehlen Maring
¶40Daniel J. Crothers
¶41Dale V. Sandstrom
¶42Carol Ronning Kapsner