Kevin Michael Hoff, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20210291
Appeal from the District Court of Stutsman County, Southeast Judicial
District, the Honorable Troy J. LeFevre, Judge.
AFFIRMED.
Per Curiam.
Tyler J. Morrow (argued) and Kiara C. Kraus-Parr (on brief), Grand Forks, ND,
for petitioner and appellant.
Frederick R. Fremgen, State’s Attorney, Jamestown, ND, for respondent
appellee.
Hoff v. State
No. 20210291
Per Curiam.
[¶1] Kevin Michael Hoff appeals from a district court order and judgment
denying his amended petition for postconviction relief. On appeal, Hoff argues
the court clearly erred in finding Hoff abandoned certain claims in his amended
petition. We conclude the court’s finding that Hoff abandoned certain claims is
supported by the evidence and is not clearly erroneous.
[¶2] Hoff also argues he received ineffective assistance of counsel. He argues
his attorney failed to properly advise him of applicable defenses and with
proper advice he would not have pleaded guilty. The court found Hoff failed to
show his attorney’s representation fell below an objective standard of
reasonableness. We conclude the court’s finding is supported by the evidence
and is not clearly erroneous. We therefore affirm the court’s order and
judgment under N.D.R.App.P. 35.1(a)(2).
[¶3] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1
