State v. Carpenter - No. 20130014
Joseph Carpenter appeals from a district court order denying his petition for post-conviction relief.
Carpenter was charged with endangering by fire or explosion. The State offered Carpenter a plea agreement of eight years imprisonment, with supervised probation to follow, if Carpenter pleaded guilty. Carpenter rejected the plea agreement.
One day before trial, the State filed notice of its intention to seek enhanced sentencing as a habitual offender. Carpenter's trial attorney objected to the late notice, but the trial court held that the notice was reasonable. Carpenter was convicted by a jury, and the trial court sentenced him as a habitual offender to 15 years imprisonment. Carpenter appealed, and the North Dakota Supreme Court affirmed his conviction but reversed and remanded for resentencing, concluding he had not been given reasonable notice of the State's intention to seek sentencing as a habitual offender. State v. Carpenter, 2011 ND 20, 793 N.W.2d 765. On remand, Carpenter was again sentenced as a habitual offender to 15 years of imprisonment and the sentence was affirmed on appeal. State v. Carpenter, 2012 ND 46, 809 N.W.2d 833.
Carpenter petitioned for post-conviction relief, alleging he had received ineffective assistance of counsel from his trial attorney. Following an evidentiary hearing, the district court denied the petition.
Carpenter has appealed, alleging he received ineffective assistance of counsel because his attorney failed to advise him about the effect of a motion to enhance sentence as a habitual offender and failed to determine whether the State's offer of a plea agreement was still available after the State filed its notice of intent to seek habitual offender enhanced sentencing.