[¶ 1] Richard Ardell Heyen appeals from a judgment dismissing his second application for post-conviction relief dated November 7, 2000. He also appeals from an order denying his request that specific materials be prepared concerning his post-conviction relief proceedings and an order denying his request for post-conviction counsel. We affirm.
I
[¶ 2] On November 1, 1999, Heyen entered a guilty plea to charges of possession of a controlled substance, possession of a controlled substance with intent to deliver, and possession of drug paraphernalia. The trial court sentenced Heyen to serve concurrently two five-year terms of imprisonment and one seven-year term of impris
[¶ 3] On June 9, 2000, Heyen applied for post-conviction relief. In his application, Heyen asserted four grounds for relief, including denial of effective assistance of counsel; denial of his Fourth Amendment right against unreasonable search and seizure; right to post-conviction counsel; and that certain evidence would lead to the dismissal of charges against him. Heyen applied for post-conviction counsel on June 13, 2000, but due to his reported assets his request was denied. On August 3, 2000, the trial court summarily dismissed Heyen’s application for relief. Judgment was entered August 10, 2000, and Heyen did not appeal the judgment.
[¶ 4] On September 15, 2000, Heyen filed an “amended application for post-conviction relief hearing,” and the court entertained it as a second application for relief. Heyen once again applied for post-conviction counsel, and the trial court denied his request on October 2, 2000. Hey-en asserted several claims for relief in his second post-conviction application, including those claims made in his first post-conviction application. On November 6, 2000, the trial court summarily dismissed Heyen’s second application for relief stating “all the claims made by Petitioner in this current Petition for Post-[C]onviction Relief were fully and finally determined in the Court’s Memorandum Opinion and Order, [filed August 3, 2000,] dismissing the Petitioner’s first Petition for Post-[C]onviction Relief.” Judgment was entered on November 7, 2000, and Heyen filed his Notice of Appeal on November 13, 2000.
[¶ 5] Heyen filed two additional motions on November 13, 2000. His first motion requested that specific transcripts, documents, and records be prepared with regard to his post-conviction relief proceedings, and his second motion again requested the assignment of post-conviction counsel. The trial court denied these motions on November 14, 2000, and Heyen filed his Notice of Appeal on November 20, 2000. 1
II
[¶ 6] Under § 29-32.1-09(1), N.D.C.C., a trial court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Syvertson v. State,
[¶ 7] The State’s motion to dismiss Heyen’s application asserted the affirmative defenses of res judicata and misuse of process under N.D.C.C. § 29-32.1-12(1) and (2). The trial court relied on the affirmative defense of res judicata in summarily dismissing Heyen’s second application for relief. We conclude Heyen’s claims for post-conviction relief are subject to both the affirmative defenses set forth in N.D.C.C. § 29-32.1-12(1) and (2).
[¶ 8] Heyen first argues he was denied certain constitutional rights. Specifically, he claims he was denied his Fourth Amendment right against unreasonable
[¶ 9] Under § 29-32.1-12(1), N.D.C.C., post-conviction applications may be denied if the same claims or claim has been fully and finally determined in a previous proceeding.
Clark,
[¶ 10] In his first application for post-conviction relief, Heyen contended he was denied his Fourth Amendment right against unreasonable search and seizure. The trial court disagreed and summarily dismissed his application. Judgment was entered August 10, 2000, but Heyen did not appeal the judgment. The issue regarding Heyen’s Fourth Amendment right was fully and finally determined in his initial post-conviction application, and therefore, he is barred from raising the issue in a subsequent application. The trial court appropriately concluded this issue was barred under the doctrine of res judicata.
[¶ 11] The second affirmative defense found in N.D.C.C. § 29-32.1-12, misuse of process, occurs when a defendant inexcusably fails to pursue an issue in a proceeding leading to judgment of conviction, inexcusably fails to pursue an issue on appeal after having raised the issue in the trial court, or fails to raise an issue in an initial post-conviction proceeding.
Syvertson,
[¶ 12] We also note that any constitutional violations which allegedly occurred prior to Heyen’s guilty plea were effectively waived. Generally, an unconditional guilty plea waives all nonjurisdic-tional defects alleged to have occurred pri- or to the guilty plea.
Bell v. State,
Ill
[¶ 13] Heyen next contends he was denied effective assistance of counsel because, among other things, his attorney failed to make a motion to suppress evidence that was seized during a probationary search of his vehicle.
[¶ 14] Section 29-32.1-12, N.D.C.C., states an application for post-conviction relief may be denied under the doctrine of res judicata:
1. An application for postconviction relief may be denied on the ground that the same claim or claims were fully and finally determined in a previous proceeding.
Accordingly, claims which have been previously raised on direct appeal or in previous post-conviction applications cannot be raised again in subsequent post-conviction applications.
Clark,
IV
[¶ 16] Heyen next contends the trial court erroneously denied him post-conviction counsel for his initial post-conviction application. Heyen’s first application for relief contended he had the right to such counsel, but the trial court concluded he did not raise a substantial issue of law or fact in his initial application and summarily denied his request for counsel. We are precluded, however, from reviewing this issue for the very reason we are precluded from reviewing Heyen’s ineffective assistance of counsel claim. The trial court addressed this issue in Heyen’s first application for relief, and Heyen did not appeal the judgment. The issue was fully and finally determined in his first application for relief, and we agree with the trial court that this issue is also barred under res judicata.
[¶ 17] Heyen also argues the trial court erred in denying his request for post-conviction counsel for his second application for relief and on appeal to this Court. The appointment of post-conviction counsel is not a matter of right, but rather a matter of trial court discretion.
Crumley v. State,
V
[¶ 18] Heyen finally contends the trial court failed to disclose his presentence investigation report to him prior to sentencing. A presentence investigation report, however, was not prepared prior to sentencing nor was one required to be prepared under § 12.1-32-02(11), N.D.C.C. Nevertheless, we conclude the issue is barred under misuse of process.
[¶ 19] Under N.D.C.C. § 29-32.1-12, we have explained it is a misuse of process to raise issues in subsequent post-conviction applications which could have been raised in the initial application.
Syvertson,
VI
[¶ 20] We conclude Heyen’s claims for post-conviction relief are subject to the affirmative defenses set forth in N.D.C.C. § 29-32.1-12(1) and (2). We affirm the trial court’s judgment dismissing Heyen’s second application for relief and its order denying post-conviction counsel.
Notes
. We only address the post-conviction counsel issue as this is the only issue raised in Hey-en’s brief with regard to his second notice of appeal.