Johnson v. State

¶1Filed 6/30/16 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72016 ND 120

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¶11Marlin Lee Johnson, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20160031

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¶23Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lolita G. Hartl Romanick, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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

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¶31Andrew C. Eyre, Assistant State’s Attorney, Grand Forks County State’s Attorney Office, P.O. Box 5607, Grand Forks, ND 58206, for respondent and appellee; submitted on brief.

¶32Johnson v. State

¶33No. 20160031

¶34

¶35Per Curiam.

¶36[¶1] Marlin Johnson appealed a district court order denying his application for post-conviction relief after he was sentenced to thirty months in prison for violating his probation.  Johnson argues the district court erred in its findings and in denying his application because he received ineffective assistance of counsel due to his counsel’s failure to call the victim as a witness, his counsel advised him to plead guilty to violating a no contact order to garner leniency at sentencing for his probation violation, and his counsel did not explain the consequences of a probation violation.  We summarily affirm under N.D.R.App.P. 35.1(a)(2).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Dale V. Sandstrom

¶39Carol Ronning Kapsner

¶40Lisa Fair McEvers

¶41Daniel J. Crothers

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