STATE v. HERNANDEZ

Per Curiam.

[¶ 1] Mario Domingo Hernandez appealed from a criminal judgment entered upon his plea of guilty to gross sexual imposition. Hernandez argues he should be allowed to withdraw his guilty plea because it was not voluntarily and knowingly made and because he received ineffective assistance of counsel. We affirm under N.D.R.App.P. 35.1(a)(4). The record on appeal does not disclose that counsel's assistance was plainly defective. A claim of ineffective assistance of counsel may be pursued in a post-conviction proceeding where an adequate record can be developed.See State v. Weaver, 2002 ND 4, ¶ 28, 638 N.W.2d 30.

[¶ 2] Gerald W. VandeWalle, C.J.

Mary Muehlen Maring

William A. Neumann

Dale V. Sandstrom

Carol Ronning Kapsner