Gonzalez v. State, 2017 ND 109

Gonzalez pled guilty in 2004 to two counts of Gross Sexual Imposition, was sentenced and placed on probation; probation was revoked in 2011 and he was resentenced.
He pursued multiple post-conviction applications and appeals challenging plea/ revocation procedures; prior petitions led to a new revocation hearing in 2014.
In 2014 the State again sought revocation; Gonzalez moved to suppress, counsel was appointed, suppression denied, and probation was revoked; this Court affirmed.
Gonzalez filed his fourth post-conviction application in Dec. 2015 claiming ineffective assistance during the suppression hearing, revocation hearing, and direct appeal.
The district court granted the State’s motion for summary judgment in Sept. 2016 after inviting the State to move to dismiss as an apparent misuse of process/untimely petition; Gonzalez did not respond and no evidentiary hearing was held.
Gonzalez appealed, arguing the district court’s order lacked adequate findings of fact and conclusions of law and erred in granting summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court made sufficient findings of fact and conclusions of law under N.D.C.C. § 29‑32.1‑11	Gonzalez: order was insufficiently detailed and failed to state reasons for denial	State: summary judgment dismissal was appropriate because petition was untimely and an abuse/misuse of process; prior proceedings raised same issues	Affirmed. Court held the record (prior proceedings, court invitation for motion, State’s motion) made district court’s reasoning ascertainable despite terse order
Whether summary judgment was proper without an evidentiary hearing	Gonzalez: needed evidentiary hearing and response to State’s motion	State: no genuine issue of material fact; affirmative defenses (untimeliness, misuse) warranted dismissal	Affirmed. Court concluded summary disposition was appropriate under N.D.R.Crim.P. 11 / N.D.C.C. § 29‑32.1‑09(3) because no genuine factual dispute remained

State v. Gonzalez, 799 N.W.2d 402 (N.D. 2011) (prior appeal affirming probation revocation/resentence)
Gonzalez v. State, 865 N.W.2d 123 (N.D. 2015) (appeal affirming denial of first post‑conviction petition)
State v. Gonzalez, 862 N.W.2d 535 (N.D. 2015) (appeal affirming revocation after suppression denial)
Gonzalez v. State, 888 N.W.2d 205 (N.D. 2016) (appeal affirming denial of an earlier ineffective‑assistance post‑conviction claim)