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ATKINSON v. STATE

No. 23436.

953 P.2d 662 (1998)

131 Idaho 222

Melvin James ATKINSON Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

March 12, 1998.

Attorney(s) appearing for the Case

Whittier, Souza and Clark, Cht., Pocatello, for petitioner-appellant.

Alan G. Lance, Attorney General, Myrna A.I. Stahman, Deputy Attorney General, Boise, for respondent.

LANSING, Chief Judge.

This is an appeal from a district court's order summarily dismissing an application for post-conviction relief as untimely. Because we conclude that the application was filed within the statutory limitations period, we reverse and remand the case to the district court for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

In 1992, the appellant, Melvin Atkinson, was charged with aggravated...

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