Overlie v. State

KAPSNER, Justice.

[¶ 1] Chadley Overlie appeals from a district court order dismissing his application for post-conviction relief. We conclude the court erred in summarily dismissing Overlie’s application, and we reverse and remand for further proceedings.

I

[¶2] On September 14, 2009, Overlie pled guilty to one count of violation of a domestic violence protection order — second or subsequent offense. Under a binding plea agreement, the district court sentenced Overlie to one year and suspended all but thirteen days for two years, with supervised probation. Overlie’s probation was later revoked…