Opinion
Nos. 20120291 20120292 20120293.
2012-11-27
Edward WASLASKI Jr., Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge. Benjamin C. Pulkrabek (on brief), Mandan, N.D., for petitioner and appellant. Leah J. Viste (on brief), Assistant State's Attorney, Fargo, N.D., for respondent and appellee.
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge.
Benjamin C. Pulkrabek (on brief), Mandan, N.D., for petitioner and appellant. Leah J. Viste (on brief), Assistant State's Attorney, Fargo, N.D., for respondent and appellee.
PER CURIAM.
[¶ 1] Edward Waslaski, Jr., appealed from a trial court order summarily dismissing his application for post-conviction relief. On appeal, Waslaski argues he received ineffective assistance of counsel and the trial court failed to advise him of his rights under N.D.R.Crim.P. 11(b).
[¶ 2] We affirm under N.D.R.App.P. 35.1(a)(6) and (7); see Ude v. State, 2009 ND 71, ¶ 12, 764 N.W.2d 419 (stating a petitioner is not entitled to an evidentiary hearing on his application for post-conviction relief if he fails to provide any competent evidence to raise a genuine issue of material fact).