¶1Filed 5/3/12 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11Carl Aubrey Harmon III, Petitioner and Appellant
¶13v.
¶15State of North Dakota, Respondent and Appellee
¶19No. 20110343
¶23Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Gary H. Lee, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Carl A. Harmon III, self-represented, 2521 Circle Drive, Jamestown, ND 58401. On brief.
¶31Nathan K. Madden, Assistant State’s Attorney, Williams County State’s Attorney Office, P.O. Box 2047, Williston, ND 58802. On brief.
¶33No. 20110343
¶35Per Curiam.
¶36[¶1] Carl Aubrey Harmon III appealed from a district court order summarily dismissing his petition for post-conviction relief. On appeal, Harmon argues he was entitled to a hearing and his right to due process was violated when the district court summarily dismissed his petition. 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 petition for post-conviction relief if he fails to provide any competent evidence to raise an issue of material fact).
¶37[¶2] Gerald W. VandeWalle, C.J.
¶38Carol Ronning Kapsner
¶39Mary Muehlen Maring
¶40Daniel J. Crothers
¶41Dale V. Sandstrom