Davies v. State
This text of 2016 ND 178 (Davies v. State) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Filed 9/15/16 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2016 ND 178
Roger Lee Davies, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20160120
Appeal from the District Court of McKenzie County, Northwest Judicial District, the Honorable Robin A. Schmidt, Judge.
AFFIRMED.
Per Curiam.
Roger Lee Davies, self-represented, 2521 Circle Drive, Jamestown, ND 58401, petitioner and appellant; on brief.
Jacob T. Rodenbiker, McKenzie County State’s Attorney, 201 Fifth St. N.W., Ste. 550, Watford City, ND 58854, for respondent and appellee; on brief.
Davies v. State
[¶1] Roger Davies appeals from a district court order denying his petition to set aside the conviction and set for trial. Davies argues the district court erred treating his petition as an application for post-conviction relief, he was entitled to an evidentiary hearing on his petition, the order was issued before his 30 days to respond expired and plea bargaining is unconstitutional. We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (6).
[¶2] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner
Lisa Fair McEvers
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