PER CURIAM.
This is an appeal by the petitioner, Keith Gilbert, from an order of the district court dismissing his application under I.C. § 19-4901 for post-conviction relief. The dismissal was based on grounds of res judicata resulting from a habeas corpus action pursued almost simultaneously by Gilbert. The district court also found that the post-conviction proceeding was brought frivolously. We affirm the dismissal of the application but reverse the finding...
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