State v. Allen

McGIVERIN, Justice.

Defendant-applicant Gerald Dean Allen appeals from the revocation of his probation and reinstatement of his sentence of imprisonment for fourth offense operating a motor vehicle while intoxicated (OWI) and also appeals from the summary dismissal of his application for postconviction relief. Upon consideration of the issues raised by Allen’s appeals, we dismiss the appeal of the probation revocation proceeding and re verse and remand the postconviction action to district court for further proceedings consistent with this opinion.

I. Background facts and proceedings. In July…