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DOWNING v. STATE

Nos. 26495, 26720.

33 P.3d 841 (2001)

136 Idaho 367

Creston DOWNING, Petitioner-Appellant, v. STATE of Idaho, Respondent. State of Idaho, Plaintiff-Respondent, v. Creston G. Downing, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied October 17, 2001.

Attorney(s) appearing for the Case

Ronaldo A. Coulter, State Appellate Public Defender; Charles Isaac Wadams, Deputy Appellate Public Defender, Boise, for appellant. Charles Isaac Wadams argued.

Alan G. Lance, Attorney General; T. Paul Krueger II, Deputy Attorney General, Boise, for respondent. T. Paul Krueger II argued.

SCHWARTZMAN, Chief Judge.

Creston Downing appeals from the district court's order summarily dismissing his application for post-conviction relief and from the sentence of fifteen years, with six years fixed, imposed upon his resentencing for lewd conduct. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of the underlying criminal conviction are set forth in State v. Downing, 128 Idaho 149

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