Shermer v. State

¶1Filed 11/9/16 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶5

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¶72016 ND 207

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¶11Brian Joseph Shermer, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20160115

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¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.

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¶25AFFIRMED.

¶26

¶27Per Curiam.

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¶29Charles A. Stock, 407 N. Broadway, P.O. Box 605, Crookston, MN 56716-

¶300605, for petitioner and appellant.

¶31

¶32Marina Spahr, Burleigh County Assistant State’s Attorney, 514 E. Thayer Ave., Bismarck ND 58501, for respondent and appellee.

¶33Shermer v. State

¶34No. 20160115

¶35

¶36Per Curiam.

¶37[¶1] Brian Shermer appeals from a district court order summarily dismissing his application for post-conviction relief.  Shermer argues the district court erred dismissing his application because the evidence he submitted generated a genuine issue of material fact regarding the factual basis of his guilty plea and he received ineffective assistance of counsel because his counsel did not object to the factual basis.  We affirm under N.D.R.App.P. 35.1(a)(6).

¶38[¶2] Gerald W. VandeWalle, C.J.

¶39Daniel J. Crothers

¶40Lisa Fair McEvers

¶41Carol Ronning Kapsner

¶42Dale V. Sandstrom

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