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GAMBOA v. STATE

No. 20040128.

693 N.W.2d 21 (2005)

2005 ND 48

Michael GAMBOA, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

March 4, 2005.

Attorney(s) appearing for the Case

Ruth A. Jenny, Grand Forks, N.D., for petitioner and appellant; submitted on brief.

Thomas H. Falck, Jr., Assistant State's Attorney, Grand Forks, N.D., for respondent and appellee; submitted on brief.

NEUMANN, Justice.

[¶ 1] Michael Gamboa appeals from the district court's denial of his motion for default summary judgment and dismissal of his application for post-conviction relief without a hearing. We affirm.

I

[¶ 2] In October 1996, Gamboa was convicted of Delivery of Marijuana, a class B felony, under a plea agreement. In February 2000, Gamboa admitted to parole violations at a revocation hearing and was sentenced to sixty days. On...

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