Georgia Windyboy, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20240204
Appeal from the District Court of Burleigh County, South Central Judicial
District, the Honorable Pamela A. Nesvig, Judge.
AFFIRMED.
Per Curiam.
Tracy E. Reames, Fargo, ND, for petitioner and appellant; submitted on brief.
Julie A. Lawyer, State’s Attorney, Bismarck, ND, for respondent and appellee;
submitted on brief.
Windyboy v. State
No. 20240204
Per Curiam.
[¶1] Georgia Windyboy appeals from a district court judgment denying her
application for postconviction relief. In her application, Windyboy argued she
received ineffective assistance of counsel because her trial counsel failed to
advise her that the court could sentence her beyond the parties’ joint
recommendation, making her plea not knowing and voluntary and warranting
its withdrawal. After a hearing, the court denied Windyboy’s application,
concluding she failed to establish her claim of ineffective assistance of counsel.
[¶2] Findings of fact made in a postconviction relief proceeding are subject to
the clearly erroneous standard of review. Urrabazo v. State,
, 5
N.W.3d 521. After a review of the record, we conclude the district court’s
findings of fact are not clearly erroneous and the court did not err in determining
Windyboy failed to establish her ineffective assistance of counsel claim. We
summarily affirm under N.D.R.App.P. 35.1(a)(2).
[¶3] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
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