2013 Unpublished Opinion No. 600
Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. David C. Nye, District Judge.
Order summarily dismissing petition for post-conviction relief,
Jose Manuel Sanchez, Boise, pro se appellant.
Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent.
Jose Manuel Sanchez appeals from the district court's order summarily dismissing his petition for post-conviction relief. For the reasons set forth below, we affirm.
I. FACTS AND PROCEDURE
A jury found Sanchez guilty of 112 counts of aggravated battery. Sanchez appealed. In an unpublished opinion, this Court affirmed Sanchez's judgment of conviction. State v. Sanchez, Docket No. 36474 (Ct. App. Mar. 25, 2011). Sanchez filed a petition for post-conviction relief and the district court denied Sanchez's request for appointment of counsel. The state filed a motion for summary dismissal, and the district court entered an order summarily dismissing Sanchez's petition. Sanchez appeals.
A. Appointment of Counsel
Sanchez asserts the district court erred by denying his request for appointment of counsel. If a post-conviction petitioner is unable to pay for the expenses of representation, the trial court may appoint counsel to represent the petitioner in preparing the petition in the trial court and on appeal. I.C. § 19-4904. The decision to grant or deny a request for court-appointed counsel lies within the discretion of the district court. Charboneau v. State, 140 Idaho 789, 792, 102 P.3d 1108, 1111 (2004). When a district court is presented with a request for appointed counsel, the court must address this request before ruling on the substantive issues in the case. Id.; Fox v. State, 129 Idaho 881, 885, 934 P.2d 947, 951 (Ct. App. 1997). The district court abuses its discretion where ...