¶1Filed 3/15/16 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11Mark Matuska, Petitioner and Appellant
¶13v.
¶15State of North Dakota, Respondent and Appellee
¶19No. 20150235
¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Charles A. Stock, P.O. Box 605, Crookston, MN 56716-0605, for petitioner and appellant.
¶31Justin J. Schwarz, Assistant State’s Attorney, 514 East Thayer Avenue, Bismarck, N.D. 58501-4413, for respondent and appellee.
¶32Matuska v. State
¶33No. 20150235
¶35Per Curiam.
¶36[¶1] Mark Matuska appeals a district court order denying his petition for post-
¶37conviction relief after pleading guilty to multiple drug crimes. At the evidentiary hearing on his petition, he alleged he pled guilty because of ineffective assistance of counsel and a diminished mental state. He argued a manifest injustice exists and requested to withdraw his guilty plea. The district court denied his petition, concluding a manifest injustice did not exist allowing for withdrawal of his guilty plea. The court’s findings of fact at the hearing are supported in the record. We conclude the court did not abuse its discretion in concluding a manifest injustice did not exist. We summarily affirm under N.D.R.App.P. 35.1(a)(4).
¶38[¶2] Gerald W. VandeWalle, C.J.
¶39Carol Ronning Kapsner
¶40Lisa Fair McEvers
¶41Daniel J. Crothers
¶42Dale V. Sandstrom