Davies v. State

¶1Filed 9/15/16 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72016 ND 178

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¶11Roger Lee Davies, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20160120

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¶23Appeal from the District Court of McKenzie County, Northwest Judicial District, the Honorable Robin A. Schmidt, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Roger Lee Davies, self-represented, 2521 Circle Drive, Jamestown, ND 58401, petitioner and appellant; on brief.

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¶31Jacob T. Rodenbiker, McKenzie County State’s Attorney, 201 Fifth St. N.W., Ste. 550, Watford City, ND 58854, for respondent and appellee; on brief.

¶32Davies v. State

¶33No. 20160120

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¶35Per Curiam.

¶36[¶1] Roger Davies appeals from a district court order denying his petition to set aside the conviction and set for trial.  Davies argues the district court erred treating his petition as an application for post-conviction relief, he was entitled to an evidentiary hearing on his petition, the order was issued before his 30 days to respond expired and plea bargaining is unconstitutional.  We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (6).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Daniel J. Crothers

¶39Dale V. Sandstrom

¶40Carol Ronning Kapsner

¶41Lisa Fair McEvers

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