BEAN v. STATE

No. 18605.

809 P.2d 493 (1991)

119 Idaho 632

Scott D. BEAN, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Idaho Falls, September 1990 Term.

April 2, 1991.


Attorney(s) appearing for the Case

Marvin R. Stucki, Idaho Falls, for petitioner-appellant.

Jim Jones, Atty. Gen., and Lynn E. Thomas, Sol. Gen., argued, Boise, for respondent.


BAKES, Chief Justice.

This Court, having granted a petition for review of the decision of the Court of Appeals in the above entitled matter, affirms the decision of the Court of Appeals, except as hereinafter modified.

The Court of Appeals concluded that, on remand, "The [trial] court shall determine whether Caudill's recantation is material to the sentence and, if so, whether justice requires the sentence to be changed." 119 Idaho 506, 809...

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