Stein v. North Dakota

Rocky Stein appealed a district court's order summarily dismissing his petition for post-conviction relief. Stein was the driver of one of two vehicles involved in an accident that occurred in September 2013. The driver of the other vehicle died as a result of injuries sustained in the accident. Stein was subsequently charged with criminal vehicular homicide. While represented by counsel, Stein pleaded guilty to an amended charge of manslaughter. Stein was sentenced to ten years' imprisonment with three years suspended for a period of five years. In his petition for post-conviction relief, Stein alleged various errors made by his attorney. Stein argued to the North Dakota Supreme Court he received ineffective assistance of counsel prior to his guilty plea. Stein contended he was not informed he would be required to serve 85 percent of any period of incarceration imposed as part of his sentence and that his sentence was likely to be limited to probation. Stein also stated in his affidavit, "I would not have pled guilty had I . . . [understood] the implications of the manslaughter plea . . . ." The Supreme Court determined the district court did not address Stein's allegation he was not informed he would be required to serve 85 percent of any period of incarceration imposed as part of his sentence, and that had he been informed of that requirement, he would not have pled guilty. Therefore, the case was remanded for an evidentiary hearing regarding that issue. The Court affirmed summary dismissal as to all other issues, and remanded this case for further proceedings. View "Stein v. North Dakota" on Justia Law