Gomez v. State

¶1Filed 2/18/16 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72016 ND 23

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¶11Ciro Gomez, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20150258

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¶23Appeal from the District Court of Walsh County, Northeast Judicial District, the Honorable M. Richard Geiger, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Thomas J. Glass (on brief), 418 E. Rosser Ave., Ste. 102, Bismarck, ND 58501, for petitioner and appellant.

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¶31Barbara L. Whelan (on brief), State’s Attorney, Walsh County Courthouse, 600 Cooper Ave., Third Fl., Grafton, ND 58237, for respondent and appellee.

¶32Gomez v. State

¶33No. 20150258

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¶35Per Curiam.

¶36[¶1] Ciro Gomez appealed a district court order summarily dismissing his application for post-conviction relief.  Gomez argues the district court erred in dismissing his application because he received ineffective assistance of counsel due to his counsel’s failure to offer favorable evidence and testimony at trial.  The district court dismissed Gomez’s application as untimely under N.D.C.C. § 29-32.1-01(2) because his application was filed more than two years after his conviction became final and no exception applied to his case.  We summarily affirm under N.D.R.App.P. 35.1(a)(7).   Lehman v. State , 2014 ND 103, ¶¶ 10-14, 847 N.W.2d 119.

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Carol Ronning Kapsner

¶39Lisa Fair McEvers

¶40Daniel J. Crothers

¶41Dale V. Sandstrom