NOEL v. STATE

No. 16100.

741 P.2d 728 (1987)

Harry E. NOEL, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

July 30, 1987.


Attorney(s) appearing for the Case

Stewart A. Morris, Boise, for petitioner-appellant.

Jim Jones, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., for respondent.


SWANSTROM, Judge.

On June 6, 1981, Harry Noel shot Rafugio Zamora through the nose while both men were patrons of a lounge in Gooding, Idaho. Noel pled guilty to assault with intent to commit murder and received a fixed five-year sentence plus a fixed five-year term for the use of a firearm. Noel later filed a motion to vacate the enhanced portion of his sentence. This motion was denied. Noel then filed a petition for post-conviction relief. He alleged, among other...

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