Bentz v. State

¶1Filed 12/18/14 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72014 ND 217

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¶11Rustin Dale Bentz, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20140138

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¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Cynthia Feland, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Mark T. Blumer, P.O. Box 7340, Fargo, N.D. 58106, for petitioner and appellant; submitted on brief.

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¶31Alexander J. Stock, Assistant State’s Attorney, and Tessa M. Vaagen, third-year law student, under the Rule on Limited Practice of Law by Law Students, Courthouse, 514 East Thayer Avenue, Bismarck, N.D. 58501, for respondent and appellee; submitted on brief.

¶32Bentz v. State

¶33No. 20140138

¶34

¶35Per Curiam.

¶36[¶1] Rustin Bentz appeals from a district court order denying his application for post-conviction relief.  Bentz claims he is entitled to post-conviction relief because his counsel failed to adequately explain the terms of his plea agreement and the sentences imposed against him.  We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court did not err in dismissing Bentz’s application for post-conviction relief, after an evidentiary hearing.

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Dale V. Sandstrom

¶39Daniel J. Crothers

¶40Lisa Fair McEvers

¶41Carol Ronning Kapsner

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