Gonzales v. State, 254 P.3d 69

Gonzales pled guilty to lewd and lascivious conduct with a minor under sixteen.
District court ordered a psychosexual evaluation before sentencing; Gonzales underwent the evaluation and a polygraph.
Based in part on unfavorable evaluation results, Gonzales received a twenty-year unified sentence with a five-year minimum term.
Gonzales appealed the sentence as unreasonable; the appeal was dismissed in related unpublished opinion.
Gonzales filed a post-conviction relief application seeking an evidentiary hearing and vacation of conviction, and requested appointment of counsel.
District court summarily dismissed the post-conviction application and denied counsel; Gonzales appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court abused its discretion in denying counsel	Gonzales asserting possible valid claim; requested counsel under I.C. § 19-4904.	State asserting claims were frivolous; no potential valid claim shown.	No abuse; appointment denied; no valid post-conviction counsel claim.
Whether summary dismissal was proper	Gonzales contends a genuine issue of material fact existed regarding ineffective assistance of counsel.	State contends allegations insufficient to raise a prima facie claim; evidence lacking.	Yes, proper; no genuine issue of material fact entitling an evidentiary hearing.

Estrada v. State, 149 P.3d 833 (Idaho, 2006) (Sixth Amendment/psychosexual evaluation advisory)
Wood v. State, 967 P.2d 711 (Idaho, 1999) (counsel's duties regarding defense evaluation before sentencing)
Mathews, 986 P.2d 323 (Idaho, 1999) (duty to conduct adequate investigation)
Charboneau v. State, 102 P.3d 1108 (Idaho, 2004) (appointment of post-conviction counsel procedure)
Rhoades v. State, 220 P.3d 1066 (Idaho, 2009) (post-conviction relief standard; burden proof)
Goodwin v. State, 61 P.3d 626 (Idaho, 2002) (summary dismissal standards in post-conviction relief)