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HERNANDEZ v. STATE

No. 13037.

602 P.2d 539 (1979)

100 Idaho 581

Alfonso M. HERNANDEZ, Plaintiff-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho.

October 25, 1979.

Attorney(s) appearing for the Case

Alfonso M. Hernandez, pro se.

David H. Leroy, Atty. Gen., Lynn E. Thomas, P. Mark Thompson, Deputy Attys. Gen., Boise, for respondent.

Before DONALDSON, C.J., SHEPARD and McFADDEN, JJ., and DUNLAP and ROWETT, JJ. Pro Tem.

PER CURIAM:

Appellant, presently incarcerated at the Idaho State Correctional Institution on three convictions under the controlled substances act, petitioned the district court for a writ of habeas corpus on June 7, 1978, (case no. 1317). The court denied this petition, sua sponte, for the reason that it raised the same issues of law and fact as a previous habeas corpus petition (case no. 1141), which had been dismissed after adjudication on the merits and no appeal...

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