Owens v. State

¶1Filed 3/6/15 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72015 ND 47

¶8

¶9

¶10

¶11Christopher Jermaine Owens, Petitioner and Appellant

¶12

¶13v.

¶14

¶15State of North Dakota, Respondent and Appellee

¶16

¶17

¶18

¶19No. 20140282

¶20

¶21

¶22

¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Samuel A. Gereszek, P.O. Box 4, East Grand Forks, N.D. 56721-0004, for petitioner and appellant.

¶30

¶31Pamela A. Nesvig, Assistant State’s Attorney, P.O. Box 5518, Bismarck, N.D. 58506-5518, for respondent and appellee.

¶32Owens v. State

¶33No. 20140282

¶34

¶35Per Curiam.

¶36[¶1] Christopher Jermaine Owens appeals from a district court order denying his application for postconviction relief.  In 2010, Owens was convicted by a jury of gross sexual imposition, and his conviction was affirmed on appeal.   State v. Owens , 2011 ND 174, 803 N.W.2d 834.  In 2012, Owens filed a postconviction relief application, and the district court denied his application after an evidentiary hearing.  Owens appealed, arguing the district court committed reversible error in denying postconviction relief because his trial attorney’s conduct fell below an objective standard of reasonableness and because he was prejudiced by his trial attorney’s lack of diligence and poor preparation.  We summarily affirm under N.D.R.App.P. 35.1(a)(2).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Daniel J. Crothers

¶39Lisa Fair McEvers

¶40Carol Ronning Kapsner

¶41Dale V. Sandstrom