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SMITH v. STATE

No. 10913.

491 P.2d 733 (1971)

94 Idaho 469

Gary L. SMITH, Plaintiff-Appellant, v. STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

December 8, 1971.

Attorney(s) appearing for the Case

William W. Becker, Pocatello, for plaintiff-appellant.

W. Anthony Park, Atty. Gen., Martin R. Ward, Deputy Atty. Gen., James G. Reid, Asst. Atty. Gen., Boise, and Hugh C. Maguire, Pros. Atty., Pocatello, for defendant-respondent.

DONALDSON, Justice.

On August 3, 1970, Gary L. Smith (appellant) filed a petition for post-conviction relief from a forgery conviction in the Bannock County District (then the Fifth Judicial District) Court on July 28, 1959. Smith has fully served the sentence imposed as a result of the conviction challenged here. The verified petition, prepared by Smith pro se, recites that he is currently serving an eight-year sentence for burglary in the Nevada State Penitentiary...

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