BEYER v. STATE (2020)

Supreme Court of North Dakota.

Dalton Donald BEYER, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20200052

Decided: October 21, 2020

Kyle R. Craig, Minot, ND, for petitioner and appellant; submitted on brief. Stephenie L. Davis, State's Attorney, Manning, ND, for respondent and appellee; submitted on brief.

[¶1] Dalton Beyer appeals from an order denying post-conviction relief. Beyer argues the district court erred by denying his application for post-conviction relief seeking to withdraw his guilty plea. Beyer argues his plea was not voluntary due to the combined effects of psychiatric medications and withdrawal from hormone therapy. The district court found that Beyer was capable of making knowing, intelligent, and voluntary decisions at the time he entered his plea, and the plea was knowingly, voluntarily, and intelligently made. The court did not err in denying Beyer's application for post-conviction relief and we summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

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

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