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Bentz v. State

Supreme Court of North Dakota

December 18, 2014

Rustin Dale Bentz, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Cynthia Feland, Judge.

Mark T. Blumer, Fargo, N.D., for petitioner and appellant; submitted on brief.

Alexander J. Stock, Assistant State's Attorney, and Tessa M. Vaagen, third-year law student, under the Rule on Limited Practice of Law by Law Students, Bismarck, N.D., for respondent and appellee; submitted on brief.

Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner.

OPINION

Per Curiam.

[¶1] Rustin Bentz appeals from a district court order denying his application for post-conviction relief. Bentz claims he is entitled to post-conviction relief because his counsel failed to adequately explain the terms of his plea agreement and the sentences imposed against him. We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court did not err in dismissing Bentz's application for post-conviction relief, after an evidentiary hearing.

[¶2] Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner


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