State v. Christensen

Defendant-appellant Steven Christensen appeals from a summary dismissal of his application for post-conviction relief. We affirm.

Christensen, citing Cherniwchan v. State, 99 Idaho 128, 578 P.2d 244 (1978), first argues that the trial court erred in not giving him twenty day notice, pursuant to I.C. § ID-^OOib), 1 of its intent to dismiss his petition. I.C. § 19-4906(b), however, governs only those situations where the trial court on its own initiative determines to dismiss the petition, as in Cherniwchan. 2 . 1.C. § 19 — 4906(c) covers those situations where either party moves for summary…