Atkins v. State

VandeWalle, Chief Justice.

[¶1] Cody Michael Atkins appealed a district court’s order summarily dismissing his application for post-conviction relief. We affirm, concluding the district court did not err by summarily dismissing his application for post-conviction relief because Atkins was put to his proof and failed to present any competent evidence raising an issue of material fact.

I

[¶ 2] In 2015, Atkins plead guilty to gross sexual imposition and was sentenced to 20 years with the North Dakota Department of Corrections with five years suspended for 10 years and 10 years of supervised…