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BURE v. STATE

No. 20616.

880 P.2d 1241 (1994)

126 Idaho 253

Frederick G. BURE, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

September 9, 1994.

Attorney(s) appearing for the Case

Orndorff, Peterson, Hawley, Wight & Gilman, Thomas D. Widman (argued), Boise, for appellant.

Hon. Larry EchoHawk, Atty. Gen.; Myrna A.I. Stahman, Deputy Atty. Gen. (argued), Boise, for respondent.

LANSING, Judge.

We are asked to determine whether I.C. § 19-4901(a)(4) authorizes a court to grant post-conviction relief vacating a lawful sentence upon a showing that, in the sixteen months of incarceration following sentencing, there has been a marked improvement in the offender's mental health as compared to his mental condition described in a psychological report relied upon by the court at sentencing. We hold...

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