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GIBBS v. STATE

No. 13910.

653 P.2d 813 (1982)

103 Idaho 758

Melton Waters GIBBS, Plaintiff-Appellant, v. STATE of Idaho, Defendant-Respondent.

Court of Appeals of Idaho.

November 3, 1982.

Attorney(s) appearing for the Case

Stephen J. Blaser, Blackfoot, for plaintiff-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Timothy M. Walton, Deputy Atty. Gen., Boise, for defendant-respondent.

SWANSTROM, Judge.

Melton Gibbs is serving a lengthy sentence in the state of Texas following his conviction there of the crime of rape. He contends that this sentence was enhanced under Texas law because he had a previous conviction of rape in Bingham County, Idaho, more than thirty years ago. Hoping to get his Texas sentence reduced, Gibbs has filed an application for a writ of habeas corpus in Bingham County. He seeks to set aside his former conviction on the ground...

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