Avila v. Taylorsville City

ORME, Judge:

¶1 Appellant Gaspar Avila appeals the district court's dismissal of his petition for post-conviction relief on summary judgment. We conclude that the petition was untimely and affirm.

¶2 On February 27, 2007, Avila pled guilty to, and was sentenced on, one count of driving under the influence of alcohol, drugs, or a combination of both, which is a class B misdemeanor. At the time of his guilty plea, Avila signed a waiver of rights acknowledging that his plea was knowing and voluntary. He was not represented by counsel, but he was advised in the waiver that he had the right to…