Berlin v. State

SANDSTROM, Justice.

[¶ 1] David C. Berlin appeals from an order of the East Central Judicial District Court dismissing his petition for post-conviction relief. Because the issue he raises on appeal was not raised below, we affirm.

I

[¶ 2] On October 1, 1997, Berlin was charged with aggravated assault and terrorizing. On October 2, 1997, Berlin was arraigned in district court, where the assistant state’s attorney advised him each count was punishable by five years of incarceration, a $5,000 fine, or both. The State further informed Berlin each count carried a two-year mandatory minimum sentence.…