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HERNANDEZ v. STATE

No. 23459.

972 P.2d 730 (1999)

132 Idaho 352

Luis HERNANDEZ, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Review Denied March 12, 1999.

Attorney(s) appearing for the Case

Wiebe & Fouser, Canyon County Public Defenders; Thomas A. Sullivan, Deputy Public Defender, Nampa, for appellant. Thomas A. Sullivan argued.

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

SCHWARTZMAN, Judge.

Luis Hernandez appeals from the district court's order denying his petition for post-conviction relief. For the reasons stated below, we reverse and remand for proceedings consistent with this opinion.

I.

FACTUAL & PROCEDURAL BACKGROUND1

On July 30, 1993, Officer Damron was conducting routine patrol for the city of Caldwell. At approximately...

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