Opinion
No. 980387.
Filed June 18, 1999.
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.
AFFIRMED.
Jennifer L. Thompson, Assistant State's Attorney, for plaintiff and appellee.
Douglas W. Nesheim (argued) and Mervin D. Nordeng, for defendant and appellant.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1
[¶ 1] Robert Raymond Stephens appealed from a district court order revoking his probation and sentencing him to serve three five-year sentences to run concurrently, with credit given for time previously served. Stephens raises several arguments on appeal, including ineffective assistance of counsel. We affirm under Rule 35.1(a)(2) and (4), N.D.R.App.P. But see DeCoteau v. State, 1998 ND 199 , ¶ 7, 586 N.W.2d 156 (stating that when a conviction is summarily affirmed on direct appeal, the denial of an ineffective assistance claim is without prejudice to raising the issue in a post-conviction proceeding).
[¶ 2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner