Per Curiam.
[¶ 1] Robert Johnson appeals from the district court's judgment summarily dismissing his application for post-conviction relief. Johnson argues the district court erred in failing to hold an evidentiary hearing on his application for post-conviction relief because a genuine issue of material fact exists regarding whether his decision not to testify was informed and voluntary.
[¶ 2] The district court's judgment is affirmed underN.D.R.App.P. 35.1(a)(6).
[¶ 3] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom