Opinion
No. 20150223.
01-14-2016
Danny J. MYERS, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.
Samuel A. Gereszek, East Grand Forks, MN, for petitioner and appellant; on brief. Richard J. Meurin, Burleigh County State's Attorney Office, Bismarck, ND, for respondent and appellee; on brief.
Samuel A. Gereszek, East Grand Forks, MN, for petitioner and appellant; on brief.
Richard J. Meurin, Burleigh County State's Attorney Office, Bismarck, ND, for respondent and appellee; on brief.
Opinion
PER CURIAM.
[¶ 1] Daniel Myers appeals from a district court judgment denying his application for post-conviction relief. Myers argues the district court erred dismissing his application for post-conviction relief without giving him thirty days to respond to the State's motion for summary disposition. We conclude the district court erred as a matter of law and we summarily reverse under N.D.R.App.P. 35.1(b). Johnson v. State, 2004 ND 130, ¶ 6, 681 N.W.2d 769.
[¶ 2] GERALD W. VANDE WALLE, C.J., DANIEL J. CROTHERS, LISA FAIR McEVERS, CAROL RONNING KAPSNER, and DALE V. SANDSTROM, JJ., concur.