Opinion
No. 20000268
Decided February 15, 2001
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.
AFFIRMED.
Monty G. Mertz (submitted on brief), Mertz Law Office, 1308 23rd Street S., P.O. Box 10396, Fargo, N.D. 58106-0396, for petitioner and appellant.
Mark R. Boening (submitted on brief), Assistant State's Attorney, Cass County Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for respondent and appellee.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1
[¶ 1] Lucas Lee Strutz appeals from a judgment denying his application for post-conviction relief. Under Rule 52(a), N.D.R.Civ.P., a trial court's findings of fact in a post-conviction relief proceeding will not be disturbed unless clearly erroneous. Hill v. State, 2000 ND 143, ¶ 17, 615 N.W.2d 135. We summarily affirm the trial court's judgment under Rule 35.1(a)(2), N.D.R.App.P.
[¶ 2] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner