Gonzalez v. State

McEvers, Justice.

[¶1] Garron Gonzalez appeals from an order summarily denying his application for post-conviction relief and an order denying his motion for reconsideration and to conduct discovery. Gonzalez argues the district court abused its discretion by denying his application for post-conviction relief, his motion for reconsideration and his motion for leave to conduct discovery. We reverse and remand, concluding the court erred by summarily denying his application sua sponte and the error was not rectified by the district court's order on reconsideration.

I

[¶2] In 2004, Garron Gonzalez…