[¶ 1] Abram 0. Crumley appeals from a judgment denying his application for post-conviction relief. We affirm the judgment.
I.
[¶ 2] On March 31, 1994, Crumley pled guilty to two counts of Endangering by Fire and one count of Conspiracy to Commit Endangering by Fire, for which he was sentenced to three 5-year sentences to be served concurrently. He also pled guilty to one count of Possession of Stolen property, receiving a 5-year sentence which was “to be served consecutively to the sentence [he] received” on the endangering by fire and conspiracy counts. Finally, Crumley pled guilty to one count of Dealing in Stolen Property, for which he was sentenced to a term of 5 years, “to be served consecutive to the sentences [he] received” on the other charges. In all three criminal judgments the trial court stated the sentences were to commence on August 17,1993.
[¶ 3] On March 21, 1999, Crumley filed a Motion to Clarify and Correct the Judgment and Commitment, claiming the North Dakota State Penitentiary was incorrectly applying his sentence. The trial court treated the motion as one for a correction of an illegal sentence under N.D.R.Crim.P. 35(a). The trial court concluded Crumley’s sentences were authorized by law and were clear and definite, and the court denied Crumley’s motion.
[¶4] Crumley then filed an application for post-conviction relief, again challenging his sentence, and also filed a motion requesting that the trial court appoint counsel to represent him in his application for post-conviction relief. The trial court denied the application for post-conviction relief and the request for counsel in the same order. The trial court stated Crum-ley’s argument regarding his sentence had previously been resolved by the order denying his motion for clarification and correction of the criminal judgments. The trial court concluded Crumley essentially wished to reject the plea agreements he made and that Crumley’s arguments were unsupported and unpersuasive. Crumley appeals from the judgment entered upon the trial court’s order.
II.
[¶5] Crumley first argues that this Court should reverse the judgment denying his application for post-conviction relief because the record does not reveal he received the statutorily mandated notice of his right to apply for post-conviction counsel. We disagree.
[¶ 6] Section 29-32.1-03(6), N.D.C.C. imposes a mandatory obligation upon the clerk of district court to notify a prisoner that post-conviction counsel may be available and of the procedure for obtaining counsel. In
State v. DeCoteau,
we held that the clerk’s failure to fulfill this legislatively mandated obligation is reversible error.
III.
[¶ 8] Crumley next presents three interrelated arguments which we address together. First, Crumley takes issue with the sentences imposed upon his guilty pleas; essentially he argues the sentences are ambiguous because the judgments state the sentences are to be served consecutively, yet the sentencing judge ordered that all sentences were to commence on the same day. Second, Crumley argues the trial court abused its discretion in denying his request for post-conviction counsel. Third, Crumley contends the trial court erred in refusing to hold an eviden-tiary hearing on his application for post-conviction relief. We reject all three contentions.
[¶ 9] In its order denying Crumley’s application for post-conviction relief, the trial court explained it had resolved Crumley’s contention that the language of the sentence contained an ambiguity in its earlier order denying Crumley’s motion for clarification and correction of the judgment. In that prior order, the trial court determined the sentencing court’s intent that the sentences run consecutively was clear and that the sentencing court identified August 17, 1998, as the commencement date in order to give Crumley credit for 225 days for time served before sentencing. The trial court based its interpretation on an order issued by the sentencing court, which Crumley attached in support of his motion, in which that court expressly addressed the 225-day credit. We conclude the trial court’s interpretation of Crum-ley’s sentence was rational, and we decline to reverse it.
[¶ 10] In criminal sentencing, the trial court is allowed the widest range of discretion.
State v. McClean,
[¶ 11] Based on that rational interpretation of Crumley’s sentence, the trial court’s decision to deny Crumley’s motion requesting counsel was not an abuse of discretion. Under N.D.C.C. § 29-32.1-05(1), “[i]f an applicant requests appointment of counsel and the court is satisfied that the applicant is unable to obtain adequate representation, the court shall appoint counsel to represent the applicant.” The appointment of post-conviction counsel is a matter of trial court discretion; we will not reverse the trial court’s refusal to appoint counsel absent an abuse of that discretion.
State v. Fulks,
[¶ 12] Finally, we conclude the trial court did not err in refusing to hold an evidentiary hearing to explore Crum-ley’s contentions regarding his sentence. Under N.D.C.C. § 29-32.1-09(2), upon an application for post-conviction relief, “[i]f an evidentiary hearing is. necessary, the court may determine which issues of material fact are in controversy and appropriately restrict the hearing.” An applicant is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact.
Owens v. State,
IV.
[¶ 13] We conclude it is not necessary for this Court to reverse the judgment entered below based on the clerk of district court’s failure to provide Crumley with the statutorily mandated notice of his right to apply for counsel because the record clearly shows Crumley had actual knowledge of that right. We also conclude the trial court rationally interpreted Crumley’s sentence and that the trial court’s refusal to appoint counsel and hold an evidentiary hearing were not in error. We, therefore, affirm the judgment entered by the trial court denying Crumley’s application for post-conviction relief.