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DOWNING v. STATE

No. 24815.

979 P.2d 1219 (1999)

132 Idaho 861

Creston DOWNING, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

May 6, 1999.

Attorney(s) appearing for the Case

Gregory Fitzmaurice, P.A., Grangeville, for appellant. Gregory Fitzmaurice argued.

Hon. Alan G. Lance, Attorney General; Alison A. Stieglitz, Deputy Attorney General, Boise, for respondent. Alison A. Stieglitz argued.

PERRY, Chief Judge.

Creston Downing appeals from the district court's order summarily dismissing his application for post-conviction relief. Downing alleges that the district court's notice of proposed dismissal was fatally deficient. He also contends that summary dismissal was inappropriate because there were material issues of fact raised in his application and response to the proposed dismissal. For the reasons set forth below, we vacate the district court's order...

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