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State v. Bengson

Supreme Court of North Dakota
Jan 5, 1996
541 N.W.2d 702 (N.D. 1996)

Opinion

Cr. No. 950194.

January 5, 1996.

Appeal from the Southeast Judicial District Court, Barnes County, Mikal Simonson, J.

Stephen M. McLean, Oakes, for defendant and appellant; submitted on brief.

Robin Huseby, State's Attorney, Valley City, for plaintiff and appellee; submitted on brief.


Stephanie Lyn Bengson appeals from a jury conviction of harassment, a violation of section 12.1-17-07, NDCC. She claims ineffective assistance of counsel. We affirm.

Bengson was charged with making "repeated and harassing" telephone calls to the home of her ex-boyfriend's parents. Trial testimony showed that Bengson made thirty-five telephone calls to the home over a two-day period. The jury found her guilty of harassment and she appealed.

On appeal, Bengson claims she received ineffective assistance of counsel. She argues her trial attorney did not sufficiently "explore" whether she had a legitimate purpose for making the telephone calls and did not sufficiently investigate her case.

When a criminal defendant claims ineffective assistance of counsel on direct appeal, we examine the entire record. State v. Ricehill, 415 N.W.2d 481 (N.D. 1987). If the record affirmatively shows that counsel was ineffective, we will consider the merits of the ineffectiveness claim. Id. at 485 When the record is inadequate to show defective assistance, and no other issues are raised, the defendant may pursue the ineffectiveness claim "at a postconviction proceeding where an adequate record can be developed." State v. Denney, 417 N.W.2d 181, 183 (N.D. 1987).

It is not apparent from the record that Bengson's trial attorney failed to explore the issue of whether Bengson's calls had a legitimate purpose. There is no evidence in the record about the extent of the investigation Bengson's trial attorney conducted. Based on the record before us, we cannot conclude that Bengson's trial attorney conducted a deficient defense.

We affirm.

VANDE WALLE, C.J., and MESCHKE, SANDSTROM and NEUMANN, JJ., concur.


Summaries of

State v. Bengson

Supreme Court of North Dakota
Jan 5, 1996
541 N.W.2d 702 (N.D. 1996)
Case details for

State v. Bengson

Case Details

Full title:STATE of North Dakota, Plaintiff and Appellee, v. Stephanie Lyn BENGSON…

Court:Supreme Court of North Dakota

Date published: Jan 5, 1996

Citations

541 N.W.2d 702 (N.D. 1996)

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