625 N.W.2d 264
No. 20000352.Supreme Court of North Dakota.
Decided March 20, 2001.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1
Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable Zane Anderson, Judge.
AFFIRMED.
Larry H. Dvorak, pro se, P.O. Box 5521, Bismarck, N.D. 58506-5521.
Owen K. Mehrer, Assistant State’s Attorney, P.O. Box 130, Dickinson, N.D. 58602-0130, for respondent and appellee.
Per Curiam.
[¶ 1] Larry Dvorak appealed from an order summarily dismissing his application for post-conviction relief. We affirm under N.D.R.App.P. 35.1(a)(6).
[¶ 2] Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Dale V. Sandstrom, Mary Muehlen Maring, William A. Neumann.Charles J. Gilje and Kenneth L. Dalsted (argued), Special Assistant Attorneys General, 208 Second Avenue SW, P.O. Box 1727, Jamestown, N.D. 58402-1727, for petitioner and appellee.
Randall L. Hoffman, 216 Northland Estates, Jamestown, N.D. 58401, for respondent and appellant.
Per Curiam.
[¶ 1] On remand, based on this Court’s opinion in Interest of J.S., 2001 ND 10, the district court entered written findings of fact and conclusions of law regarding the continued treatment of J.S. at the State Hospital and the availability of less restrictive treatment. Relying on the testimony of both Dr. William Pryatel and J.S., the district court concluded J.S. is a danger to himself or others if not treated. The district court also concluded less restrictive treatment is not possible because the testimony established J.S. would not remain on prescribed medication under less restrictive conditions. Concluding the district court’s continuing treatment order is based on findings of fact that are not clearly erroneous, we summarily affirm under N.D.R.App.P. 35.1(a)(2).
[¶ 2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner
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