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Myers v. State

Supreme Court of North Dakota

March 24, 2015

Daniel Joseph Myers, 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 Bruce B. Haskell, Judge.

Samuel A. Gereszek, East Grand Forks, Minnesota, for petitioner and appellant.

Alexander J. Stock, Assistant State's Attorney, Courthouse, Bismarck, N.D., for respondent and appellee.

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

OPINION

Per Curiam.

[¶1] Daniel Myers appeals from a district court order denying him post-conviction relief. He argues the district court erred in denying him post-conviction relief, because the court's findings were not supported by evidence contained in the record. He also argues for the first time on appeal that upon revocation of his probation, the district court erred by imposing an unauthorized extension of his sentence. We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding that, after holding an evidentiary hearing, the district court denied Myers' post-conviction relief application on the basis of findings of fact that are not clearly erroneous. We also affirm under N.D.R.App.P. 35.1(a)(7). See State v. Hammer, 2010 ND 152, ¶ 21, 787 N.W.2d 716 (" [T]his Court will not consider issues raised for the first time on appeal." ).

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


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