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2016 ND 223

Gonzalez v. State

North Dakota Supreme Court

Decided December 5, 2016

North Dakota Supreme Court · decided 2016-12-05

Decided 2016-12-05

¶1Filed 12/5/16 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72016 ND 223

¶8

¶9

¶10

¶11Garron William Gonzalez, Petitioner and Appellant

¶12

¶13v.

¶14

¶15State of North Dakota, Respondent and Appellee

¶16

¶17

¶18

¶19No. 20160174

¶20

¶21

¶22

¶23Appeal from the District Court of Burleigh County, South Central  Judicial District, the Honorable James S. Hill, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Garron Gonzalez, self-represented, P.O. Box 5521, Bismarck, ND 58506, petitioner and appellant; on brief.

¶30

¶31Julie A. Lawyer, Burleigh County Assistant State’s Attorney, 514 E. Thayer Ave., Bismarck, ND 58501, for respondent and appellee; on brief.

¶32Gonzalez v. State

¶33No. 20160174

¶34

¶35Per Curiam.

¶36[¶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).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Daniel J. Crothers

¶39Dale V. Sandstrom

¶40Carol Ronning Kapsner

¶41Lisa Fair McEvers

¶42

¶43

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