from the District Court of Burleigh County, South Central
Judicial District, the Honorable Gail Hagerty, Judge.
O. Diamond, for petitioner and appellant.
A. Lawyer, Assistant State's Attorney, for respondent and
VandeWalle, Chief Justice.
1] Garron Gonzalez appealed the district court's judgment
on his application for post-conviction relief. Gonzalez
argues the district court's judgment provided
insufficient findings of fact and conclusions of law. We
2] In 2003, Gonzalez was charged with two counts of Gross
Sexual Imposition and pled guilty to both counts in 2004. He
was sentenced to a term of imprisonment and placed on
probation. The district court revoked Gonzalez's
probation in 2011 and resentenced him to an additional term
of imprisonment. Gonzalez appealed; this Court affirmed in
State v. Gonzalez, 2011 ND 143, 799 N.W.2d 402. In
August 2012, Gonzalez filed his first application for
post-conviction relief, arguing there were procedural defects
in his 2011 probation revocation hearing. The district court
granted Gonzalez's application and a new hearing was held
3] In August 2013, Gonzalez filed his second application for
post-conviction relief, arguing Rule 11, N.D.R.Crim.P.,
violations in his guilty plea of the original sentencing in
2004. The district court denied the application; Gonzalez
appealed and was represented by counsel. This Court affirmed
in Gonzalez v. State, 2015 ND 175, 865 N.W.2d 123.
4] The State started the process of revoking Gonzalez's
probation again, after the district court granted
Gonzalez's first application for post-conviction relief.
In February 2014, Gonzalez filed a motion to suppress
evidence at the probation revocation hearing; counsel was
appointed to represent Gonzalez during the proceedings. The
district court held a hearing on Gonzalez's suppression
motion in May 2014, and subsequently denied his motion. The
district court held a probation revocation hearing in June
2014 and revoked Gonzalez's probation. Gonzalez appealed;
this Court affirmed in State v. Gonzalez, 2015 ND
106, 862 N.W.2d 535.
5] In September 2015, Gonzalez filed his third application
for post-conviction relief, alleging his representation
during his second post-conviction relief case was
ineffective. The district court denied his application.
Gonzalez appealed; this Court affirmed in Gonzalez v.
State, 2016 ND 223, 888 N.W.2d 205.
6] Gonzalez filed his fourth, and current, application for
post-conviction relief in December 2015. In this application,
Gonzalez argues his representation during his suppression
hearing, probation revocation hearing, and direct appeal was
ineffective. The State filed its answer. Gonzalez filed two
briefs in support of his application. A short hearing was
held in June 2016. During the hearing, Gonzalez requested a
continuance because his counsel had been appointed the
previous day. The district court granted the continuance and
invited the State to submit a motion to dismiss
Gonzalez's application. On August 4, 2016, the State
moved for summary judgment. On September 7, 2016, the
district court granted the State's motion. Gonzalez did
not file a response to the State's motion and no
evidentiary hearing was held.
7] Gonzalez appealed, arguing the district court's order
was insufficient in its findings of fact and conclusions of
law and it erred in granting the State's motion for
8] Gonzalez argues the district court erred by failing to
make sufficient findings of fact and conclusions of law in
its order denying Gonzalez's application for
post-conviction relief. Section 29-32.1-11, N.D.C.C.,
outlines the ...