Joshua McGiboney v. State

GUTIERREZ, Judge.

Joshua McGiboney appeals from the district court’s summary dismissal of his petition for post-conviction relief. Specifically, McGiboney argues the district court erred in denying his request to conduct DNA testing on the firearm, magazine, and fired and unfired shell casings’ found at the scene of the crime. McGiboney further contends his trial counsel rendered ineffective assistance of counsel by failing to file a motion to sever the unlawful possession of a firearm charge from the remaining offenses. For the reasons discussed below, we affirm.

I

FACTUAL AND PROCEDURAL…