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BARUTH v. GARDNER

No. 15893.

715 P.2d 369 (1986)

110 Idaho 156

Roger E. BARUTH, Petitioner-Appellant, v. Darroll GARDNER, Warden; Idaho State Correctional Institution and State of Idaho; Defendants-Respondents.

Court of Appeals of Idaho.

Petition for Review Denied April 18, 1986.

Attorney(s) appearing for the Case

Charles L.A. Cox, Evans, Keane, Koontz, Boyd & Ripley, Kellogg, for petitioner-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for defendants-respondents.

ON DENIAL OF PETITION FOR REHEARING

This Opinion Supercedes Prior Opinion Issued December 10, 1985, Which is Withdrawn.

SWANSTROM, Judge.

Roger Eugene Baruth appeals from the summary dismissal of his petition for post-conviction relief, under I.C. § 19-4906. Baruth was convicted after a jury trial of robbery.1 On appeal he presents three issues: (1) whether the district...

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