Atkins v. State

McEvers, Justice.

[¶1] Cody Michael Atkins appeals from a district court order denying his application for post-conviction relief. Atkins argues the district court erred by denying his application before allowing him time to respond in accordance with N.D.R.Ct. 3.2(a)(2). We reverse the district court order denying Atkins' application for post-conviction relief and remand for further proceedings consistent with this opinion.

I

[¶2] In March 2015, Atkins pleaded guilty to gross sexual imposition. Following the imposition of sentence, Atkins appealed the criminal judgment and this *439 Court affirmed.…