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BUTLER v. STATE

No. 22310.

935 P.2d 162 (1997)

129 Idaho 899

Max BUTLER, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, December 1997 Term.

April 1, 1997.

Attorney(s) appearing for the Case

Kehne & Adams, Boise, for appellant. Rolf M. Kehne argued.

Alan G. Lance, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent. John C. McKinney argued.

McDEVITT, Justice.

This case involves a petition for post-conviction relief. Appellant requests relief from his conviction and sentence and entry of a conviction for only a misdemeanor or vacation of the judgment and sentence altogether. We affirm.

I.

FACTS AND PRIOR PROCEEDINGS

On November 8, 1990, a criminal complaint was filed against appellant Max Butler (Butler) alleging Butler committed the crime of aggravated assault, a felony pursuant...

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