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ODIAGA v. STATE

No. 23165.

950 P.2d 1254 (1997)

130 Idaho 915

Mitchel John ODIAGA, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, November 1997 Term.

December 31, 1997.

Attorney(s) appearing for the Case

Daniel M. Dolan, Ketchum, for appellant.

Alan G. Lance, Attorney General; Catherine O. Derden, Deputy Attorney General, Boise, for respondent Catherine O. Derden, argued.

JOHNSON, Justice.

This is a post-conviction review case. We conclude that the trial court was correct in dismissing the petition for post-conviction relief without an evidentiary hearing.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

In State v. Odiaga, 125 Idaho 384, 871 P.2d 801, cert. denied, 513 U.S. 952, 115 S.Ct. 369, 130 L.Ed.2d 321, and cert. denied...

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