Gonzalez v. State

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Court Description: District court order denying motion requesting an order to show cause and dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2016 ND 223

Garron William Gonzalez, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20160174

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable James S. Hill, Judge.
AFFIRMED.
Per Curiam.
Garron Gonzalez, self-represented, P.O. Box 5521, Bismarck, ND 58506, petitioner and appellant; on brief.
Julie A. Lawyer, Burleigh County Assistant State's Attorney, 514 E. Thayer Ave., Bismarck, ND 58501, for respondent and appellee; on brief.

Gonzalez v. StateNo. 20160174

Per Curiam.

[¶1] Garron Gonzalez appeals a district court order denying his motion for an order to show cause and dismissing his application for post-conviction relief. Gonzalez applied for post-conviction relief arguing his prior post-conviction counsel was ineffective. Gonzalez argues the district court erred in summarily dismissing his application. Section 29-32.1-09(2), N.D.C.C., bars an applicant from claiming ineffective assistance of post-conviction counsel. We summarily affirm under N.D.R.App.P. 35.1(a)(6).

[¶2] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner
Lisa Fair McEvers

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