MILLER v. STATE

No. 26055.

16 P.3d 937 (2000)

135 Idaho 261

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

Court of Appeals of Idaho.

December 18, 2000.


Attorney(s) appearing for the Case

Nevin, Herzfeld Benjamin, Boise, for appellant. Dennis A. Benjamin argued.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.


SCHWARTZMAN, Judge.

Terry Miller appeals from the district court's order granting summary dismissal of his application for post-conviction relief. He argues that on Count I of the two count indictment the jury was presented with evidence of several acts of manual-genital touching, each of which could have constituted the charge. He asserts that his trial counsel's failure to request a unanimity instruction constituted ineffective assistance of counsel because the...

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