2014 Opinion No. 24
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge.
Miguel Charles Joyner, Boise, appellant, Pro se.
Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent.
GUTIERREZ, Chief Judge. Judge LANSING and Judge GRATTON CONCUR.
[156 Idaho 225] GUTIERREZ, Chief Judge.
Miguel Charles Joyner appeals from the judgment summarily dismissing his amended petition for post-conviction relief. For the reasons that follow, we affirm.
FACTS AND PROCEDURE
A no-contact order, issued as part of a criminal charge against Joyner for attempted strangulation, prohibited Joyner from contacting the victim, including contact through a third party. While the order was in effect, Joyner contacted the victim. The State charged Joyner by information with felony violation of a no-contact order, under Idaho Code § 18-920. The charging language alleged that Joyner made calls to the victim ninety-one times, or had others contact the victim on Joyner's behalf, or both.
The jury found Joyner guilty. The jury then found that Joyner met the requirements of the felony sentencing enhancement under Idaho Code § 18-920(3). Finally, the jury found Joyner was a persistent violator, in violation of Idaho Code § 19-2514. The trial court sentenced Joyner to a unified term of life imprisonment, with ten years determinate. Joyner appealed, challenging his sentence, and we affirmed in State v. Joyner, Docket No. 36253 (Ct. App. Mar. 24, 2010) (unpublished).
Joyner filed a pro se petition for post-conviction relief and included a motion for appointment of counsel. The district court appointed counsel for Joyner, and Joyner, through counsel, filed an amended petition. The amended petition contended that Joyner's defense counsel provided ineffective assistance by failing to object to the jury instruction on the no-contact order violation and by failing to object to the admission of evidence relating to the fact that Joyner was charged with attempted strangulation. The amended petition also alleged that Joyner's appellate counsel provided ineffective assistance by failing to raise the issues of error in the jury instruction on the no-contact order violation and the validity of the no-contact order. The State answered and filed a motion for summary dismissal. Following a hearing on the State's motion, the district court dismissed the petition. Joyner appeals pro se.
STANDARD OF REVIEW
A petition for post-conviction relief initiates a civil, rather than criminal, proceeding, governed by the Idaho Rules of Civil Procedure. I.C. § 19-4907; State v. Yakovac, 145 Idaho 437, 443, 180 P.3d 476, 482 (2008). See also Pizzuto ...