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MILLS v. STATE

No. 20823.

882 P.2d 985 (1994)

126 Idaho 330

Jerry Dean MILLS, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Petition for Review Denied November 3, 1994.

Attorney(s) appearing for the Case

Stewart A. Morris, Boise, for appellant.

Larry EchoHawk, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for respondent. Myrna A.I. Stahman argued.

PERRY, Judge.

In this case we address the issue of whether a letter written by a defendant to a district judge qualifies as an application for post-conviction relief under Idaho Code § 19-4901. We also address the question of whether a motion brought under Idaho Criminal Rule 35 can toll the five-year limitation on post-conviction applications formerly imposed by Idaho Code § 19-4902.1 On the facts of this case, we hold that...

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