Davis v. State - No. 20130073
Timothy Davis appeals from a district court's summary dismissal of his application for post-conviction relief.
In June 2012, Davis pled guilty to theft of property, a class C felony, and to contributing to the deprivation of a minor, a class A misdemeanor. In October 2012, Davis applied for post-conviction relief. In his pro se application, Davis asserted his appointed counsel's deficient performance prejudiced his defense, and he would not have entered a guilty plea, but due to the ineffective assistance of counsel. He requested the verdict be reversed, and the criminal judgment and information be dismissed with prejudice. Davis also requested the district court grant a hearing. Davis was appointed counsel to assist him with his post-conviction relief application. The State responded to Davis's application, requesting summary dismissal. The State also filed a recording of the guilty plea and sentencing. In January 2013, the district court summarily dismissed Davis's post-conviction relief application, and judgment was entered.
On appeal, Davis argues that the district court erred in summarily dismissing his post-conviction relief application. The State argues Davis failed to raise any genuine issue of material fact in his application that his guilty plea was involuntary or unintelligent in order to withstand summary dismissal.