[Go to Documents] | Filed Nov. 29, 1990 |
State of North Dakota, Plaintiff and Appellee
v.
Kenneth J. Murchison, Defendant and Appellant
Criminal No. 900259
Appeal from the District Court for Burleigh County, South Central Judicial District, the Honorable Benny A. Graff, Judge.
AFFIRMED.
Opinion of the Court by Gierke, Justice.
Patricia L. Burke (argued), States Attorney, Courthouse, 514 East Thayer, Bismarck, ND 58501, for plaintiff and appellee.
Feldner & Danielson, 107-4th Avenue Northwest, P.O. Box 146, Mandan, ND 58554, for defendant and appellant, argued by Rodney A. Danielson.
State v. Murchison
Gierke, Justice.
Kenneth J. Murchison appeals from an order denying his application for post-conviction relief. Murchison argues that the trial court abused its discretion in denying his application for preparation of the sentencing hearing transcript prior to filing his application for post-conviction relief and that the trial court erred in denying the application for post-conviction relief.
As acknowledged by counsel, the standard of review for both of these issues is whether the court abused its discretion. Murchison has not met his burden of persuading us that the court abused its discretion. We affirm under Rule 35.1(a)(4), N.D.R.App.P.
H.F. Gierke III
Herbert L. Meschke
Beryl J. Levine
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.