Smestad v. State

MARING, Justice.

[¶ 1] Paul Smestad appeals from an order denying his application for post-conviction relief. We conclude Smestad’s claim that his signature on a document extending his probation was not his signature is barred by res judicata. We also conclude that because Smestad’s claims are barred by res judicata, he cannot establish his post-conviction trial counsel was ineffective. We affirm.

I

[¶ 2] In December 2003, Smestad pled guilty in Burleigh County to one count of theft by deception and one count of forgery. He was sentenced to three years in jail with all but eighteen months…