[Go to Documents] | Filed Jan. 19, 2005 | [Download as WordPerfect] |
Robert L. Johnson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20040203
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable John C. McClintock, Jr., Judge. Johnson v. State
AFFIRMED.
Per Curiam.
Susan Schmidt of Severin, Ringsak & Morrow, P.O. Box 2155, Bismarck, N.D. 58502-2155, for petitioner and appellant; submitted on brief.
Brian D. Grosinger, Special Assistant State's Attorney, 210 2nd Avenue NW, Mandan, N.D. 58554, for respondent and appellee; submitted on brief.
Per Curiam.
[¶1] Robert Johnson appealed from a district court "Memorandum Opinion" denying his application for post-conviction relief and request to withdraw his guilty pleas to three counts of terrorizing. We consider an attempted appeal from a memorandum opinion an appeal from a subsequently entered consistent judgment. Davis v. State, 2001 ND 85, ¶ 1 n.1, 625 N.W.2d 855. A subsequently entered judgment consistent with the district court's memorandum opinion was entered. Therefore, we treat this as an appeal from the judgment.
[¶2] Johnson argued he received ineffective assistance of counsel and should be allowed to withdraw his guilty plea because he was adversely affected by medications, mental illness, and limited mental capacity when he pled guilty. The district court held Johnson was not denied effective assistance of counsel and no manifest injustice existed to allow withdrawal of his guilty pleas. On appeal, Johnson argues the district court erred in denying his application for post-conviction relief. We affirm the judgment denying post-conviction relief under N.D.R.App.P. 35.1(a)(2).
| [¶3] | Gerald W. VandeWalle, C.J. William A. Neumann Mary Muehlen Maring Carol Ronning Kapsner Dale V. Sandstrom |