BUTTS v. STATE (2018)

Supreme Court of North Dakota.

Mark Anthony BUTTS, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20180002

Decided: July 11, 2018

Nicholas D. Thornton, Fargo, ND, for petitioner and appellant; submitted on brief. Marina Spahr, Assistant State’s Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.

[¶1] Mark Anthony Butts appealed from an order denying his application for post-conviction relief. Butts argues the district court erred in denying his application because he received ineffective assistance from his trial counsel and from his counsel on an unsuccessful motion to withdraw his guilty plea in State v. Butts, 2016 ND 226, 888 N.W.2d 206. Because the court’s findings of fact are not clearly erroneous and support its conclusion that Butts received effective assistance of counsel, we summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

[¶2] Gerald W. VandeWalle, C.J. Jon J. Jensen Lisa Fair McEvers Daniel J. Crothers Jerod E. Tufte

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