798 N.W.2d 878
No. 20100325.Supreme Court of North Dakota.
Decided February 8, 2011
Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Douglas L. Mattson, Judge.
AFFIRMED.
Mark T. Blumer, P.O. Box 475, Valley City, N.D. 58072, for petitioner and appellant; submitted on brief.
Rozanna C. Larson, State’s Attorney, P.O. Box 5005, Minot, N.D. 58702-5005, for respondent and appellee; submitted on brief.
Per Curiam.
Per Curiam.
[¶ 1] Derek Foreid appeals from a trial court order summarily dismissing his application for post-conviction relief. On appeal, Foreid alleges prosecutorial misconduct and ineffective assistance of counsel, and asserts he was entitled to an evidentiary hearing. We affirm under N.D.R.App.P. 35.1(a)(6) and (7). See, e.g., Ude v. State, 2009 ND 71, ¶ 12, 764 N.W.2d 419 (affirming an order summarily dismissing an application for post-conviction relief because the petitioner failed to present any competent evidence raising an issue of material fact).
[¶ 2] Gerald W. VandeWalle, C.J.Mary Muehlen Maring
Daniel J. Crothers
Carol Ronning Kapsner
Dale V. Sandstrom