When applying Strickland, courts need not address both prongs if a court can resolve the case by addressing only one prong. Morales v. State, 2019 ND 137, ¶ 8, 927 N.W.2d 401. To satisfy Strickland prong two as applied to guilty pleas, the defendant must show that "'there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial.'" Booth v. State, 2017 ND 97, ¶ 9, 893 N.W.2d 186 (quoting Lindsey v. State, 2014 ND 174, ¶ 19, 852 N.W.2d 383); see also Bahtiraj v. State, 2013 ND 240, ¶ 15, 840 N.W.2d 605 (citing Hill v. Lockhart, 474 U.S. 52, 59 (1985)); U.S. v. Nesgoda, 559 F.3d 867, 870 (8th Cir. 2009).
[¶ 9] "The issue of ineffective assistance of counsel is a mixed question of law and fact and is fully reviewable by this Court." Morales v. State , 2019 ND 137, ¶ 4, 927 N.W.2d 401 (quoting Brewer v. State , 2019 ND 69, ¶ 5, 924 N.W.2d 87 ). "[C]laims of ineffective assistance of counsel are ordinarily unsuited to summary disposition without an evidentiary hearing." Morales , at ¶ 4 (quoting Horvath v. State , 2018 ND 24, ¶ 8, 905 N.W.2d 734 ).
[¶6] "The issue of ineffective assistance of counsel is a mixed question of law and fact and is fully reviewable by this Court." Morales v. State, 2019 ND 137, ¶ 4, 927 N.W.2d 401 (quoting Brewer v. State, 2019 ND 69, ¶ 5, 924 N.W.2d 87). Generally, a claim of ineffective assistance of counsel is unsuited to summary disposition without an evidentiary hearing.
We require a showing that a decision to go to trial would have been rational based on factors such as a realistic possibility of a lower sentence or a meritorious defense at trial. Morales v. State , 2019 ND 137, ¶ 10, 927 N.W.2d 401. Here the evidence in the record doesn't even contain a bare assertion that Awad would have gone to trial. [¶6] "Ordinarily, a claim of ineffective assistance of counsel should be resolved in a post-conviction proceeding under N.D.C.C. ch. 29-32.1, so the parties can fully develop a record on the issue of counsel’s performance and its impact on the defendant’s claim."