MARTINEZ v. STATE (2024)

Supreme Court of North Dakota.

Angelica Maria Cruz MARTINEZ, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20240064

Decided: September 26, 2024

Kiara C. Kraus-Parr, Grand Forks, ND, for petitioner and appellant. Amanda R. Engelstad, State's Attorney, Dickinson, ND, for respondent and appellee; submitted on brief.

[¶1] Angelica Martinez appeals from a district court order denying her application for postconviction relief from the judgment. Martinez argues her attorney was ineffective as she failed to present mitigating evidence during her probation revocation hearing, resulting in the court resentencing her to seven years on her first probation violation.

[¶2] After review of the record, the judgment of the district court is supported by findings meeting the required standard of proof. We summarily affirm the judgment under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

[¶3] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr

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