No. 17955.

809 P.2d 1163 (1991)

119 Idaho 684

Keith D. GILBERT, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Petition for Review Denied May 22, 1991.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender, argued, John J. Hansen, Deputy Public Defender, Boise, for petitioner-appellant.

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


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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