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Campos v. State

Court of Appeals of Idaho

February 27, 2019

STATE OF IDAHO, Respondent.

          Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Richard D. Greenwood, District Judge.

         Judgment of the district court summarily dismissing petition for post-conviction relief, affirmed.

          Eric D. Fredericksen, State Appellate Public Defender; Elizabeth Ann Allred, Deputy Appellate Public Defender, Boise, for appellant.

          Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.


         Ezequiel Adan Campos appeals from the district court's judgment dismissing his petition for post-conviction relief. Campos argues that the district court erred in summarily dismissing his post-conviction claims because he presented genuine issues of material fact as to his ineffective assistance of trial counsel claim. For the reasons set forth below, we affirm.



         In 2016, pursuant to a plea agreement, Campos pled guilty to unlawful possession of a weapon, Idaho Code § 18-3316. The district court imposed a unified term of five years with four years determinate to run consecutive with a sentence in an unrelated case (Canyon County case). Campos did not file a direct appeal.

         In 2017, Campos filed a pro se petition for post-conviction relief raising numerous claims. Thereafter, Campos was appointed post-conviction counsel. Appointed counsel chose not to amend Campos' petition. As relevant to his claim on appeal, Campos alleged that his trial counsel was ineffective for leading him to believe that he would receive a concurrent sentence, and advising him to "simply agree in the 'positive' with what ever (sic) was ask[ed] at pleading" and counsel would address Campos' sentencing questions later pursuant to an Idaho Criminal Rule 35 motion. The State filed a motion for summary dismissal arguing that the claim was disproved by the record. After a hearing on the motion, the district court summarily dismissed Campos' petition. Campos timely appeals.



         A petition for post-conviction relief initiates a proceeding that is civil in nature. I.C. § 19-4907; Rhoades v. State, 148 Idaho 247, 249, 220 P.3d 1066, 1068 (2009); State v. Bearshield, 104 Idaho 676, 678, 662 P.2d 548, 550 (1983); Murray v. State, 121 Idaho 918, 921, 828 P.2d 1323, 1326 (Ct. App. 1992). Like a plaintiff in a civil action, the petitioner must prove by a preponderance of evidence the allegations upon which the request for post-conviction relief is based. Goodwin v. State, 138 Idaho 269, 271, 61 P.3d 626, 628 (Ct. App. 2002). A petition for post-conviction relief differs from a complaint in an ordinary civil action. Dunlap v. State, 141 Idaho 50, 56, 106 P.3d 376, 382 (2004). A petition must contain much more than a short and plain statement of the claim that would suffice for a complaint under Idaho Rule of Civil Procedure 8(a)(1). Rather, a petition for post-conviction relief must be verified with respect to facts within the personal knowledge of the petitioner, and affidavits, records, or other evidence supporting its allegations must be attached or the petition must state why such supporting evidence is not included with the petition. I.C. § 19-4903. In other words, the petition must present or be accompanied by admissible evidence supporting its allegations, or the petition will be subject to dismissal. Wolf v. State, 152 Idaho 64, 67, 266 P.3d 1169, 1172 (Ct. App. 2011).

         Idaho Code Section 19-4906 authorizes summary dismissal of a petition for post-conviction relief, either pursuant to a motion by a party or upon the court's own initiative, if it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. When considering summary dismissal, the district court must construe disputed facts in the petitioner's favor, but the court is not required to accept either the petitioner's mere conclusory allegations, unsupported by admissible evidence, or the petitioner's conclusions of law. Roman v. State, 125 Idaho 644, 647, 873 P.2d 898, 901 (Ct. App. 1994); Baruth v. Gardner, 110 Idaho 156, 159, 715 P.2d 369, 372 (Ct. App. 1986). Moreover, the district court, as the trier of fact, is not constrained to draw inferences in favor of the party opposing the motion for summary disposition; rather, the district court ...

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