JOHNSON, Justice.
In this appeal, Larry Brad Sanchez challenges the constitutionality of I.C. § 12-122. This statute requires the award of attorney fees in any habeas corpus action brought by a state penitentiary or county jail inmate, if the action was brought frivolously by the petitioner. We dismiss the appeal, because the issue was raised for the first time on appeal to this Court.
I.
THE BACKGROUND AND PRIOR PROCEEDINGS.
Sanchez...
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