Opinion
No. 20140295.
03-24-2015
Daniel Joseph MYERS, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.
Samuel A. Gereszek, East Grand Forks, MN, for petitioner and appellant. Alexander J. Stock, Assistant State's Attorney, Courthouse, Bismarck, N.D., for respondent and appellee.
Samuel A. Gereszek, East Grand Forks, MN, for petitioner and appellant.
Alexander J. Stock, Assistant State's Attorney, Courthouse, Bismarck, N.D., for respondent and appellee.
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. VANDE WALLE, C.J. DALE V. SANDSTROM, DANIEL J. CROTHERS, LISA FAIR McEVERS, and CAROL RONNING KAPSNER, JJ., concur.