Martinez v. State

2024 ND 185
North Dakota Supreme Court·Decided September 26, 2024·No. No. 20240064·Published·Cited by 1 cases

Opinion

IN THE SUPREME COURT STATE OF NORTH DAKOTA

2024 ND 185

Angelica Maria Cruz Martinez, Petitioner and Appellant v.

State of North Dakota, Respondent and Appellee

No. 20240064

Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable James D. Gion, Judge.

AFFIRMED.

Per Curiam.

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.

Martinez v. State No. 20240064

Per Curiam.

[¶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).

[¶3] Jon J. Jensen, C.J.

Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr

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Martinez v. State, 2024 ND 185 (N.D. 2024).

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Martinez v. State
2024 ND 185 (North Dakota Supreme Court, 2024)