Kitzan v. State , 2015 ND 241 ( 2015 )


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  • Filed 10/13/15 by Clerk of Supreme Court

    IN THE SUPREME COURT

    STATE OF NORTH DAKOTA

      

      

      

    2015 ND 241

      

      

      

    Brent Leray Kitzan, Petitioner and Appellant

      

    v.

      

    State of North Dakota, Respondent and Appellee

      

      

      

    No. 20150045

      

      

      

    Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Cynthia M. Feland, Judge.

      

    AFFIRMED.

      

    Per Curiam.

      

    Charles A. Stock, 407 North Broadway, P.O. Box 605, Crookston, Minnesota 56716-0605, for petitioner and appellant.

      

    Richard J. Meurin, Assistant State’s Attorney, Burleigh County State’s Attorney’s Office, 514 East Thayer Avenue, Bismarck, N.D. 58501, for respondent and appellee.

    Kitzan v. State

    No. 20150045

      

    Per Curiam.

    [¶1] Brent Kitzan appeals from a district court order denying his application for post-conviction relief.  Kitzan argues he was entitled to post-conviction relief because his counsel was ineffective in failing to request a restitution hearing and the district court erred in finding he failed to establish a reasonable probability that a lower restitution amount would have been ordered had a restitution hearing been held.  We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court did not err in dismissing Kitzan’s application for post-conviction relief.

    [¶2] Gerald W. VandeWalle, C.J.

    Dale V. Sandstrom

    Daniel J. Crothers

    Lisa Fair McEvers

    Carol Ronning Kapsner

      

Document Info

Docket Number: 20150045

Citation Numbers: 2015 ND 241

Filed Date: 10/13/2015

Precedential Status: Precedential

Modified Date: 10/13/2015