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FREEMAN v. STATE

No. 23929.

963 P.2d 1159 (1998)

131 Idaho 722

Terry FREEMAN, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Idaho Falls, May 1998 Term.

August 3, 1998.

Attorney(s) appearing for the Case

Gilman J. Gardner, Bonneville County Public Defender, Idaho Falls, for Petitioner/Appellant.

Alan G. Lance, Attorney General; Kenneth M. Robins, Deputy Attorney General, Boise, for Respondent. Kenneth M. Robins argued.

SCHROEDER, Justice

This is an appeal from the district court's order summarily dismissing a petition for post-conviction relief filed by Terry Freeman (Freeman).

I.

BACKGROUND AND PRIOR PROCEEDINGS

Freeman was arrested for operating a motor vehicle while under the influence of alcohol. He was charged and convicted under the penalty enhancement provisions of sections 18-8005(5) and 18-8005(7) of the Idaho Code (I.C.). He was sentenced to...

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