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PECONE v. STATE

No. 25753.

26 P.3d 48 (2001)

135 Idaho 865

Russell Charles PECONE, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Review Denied June 22, 2001.

Attorney(s) appearing for the Case

Ronaldo A. Coulter, State Appellate Public Defender; Richard J. Hansen, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Alan G. Lance, Attorney General; T. Paul Krueger II, Deputy Attorney General, Boise, for respondent.

SCHWARTZMAN, Chief Judge.

Russell Charles Pecone appeals from the district court's denial of his application for post-conviction relief. We affirm.

I.

FACTS AND PROCEDURE

Pecone pled guilty to voluntary manslaughter, I.C. § 18-4006(1). The district court thereafter sentenced Pecone to the maximum allowable sentence—a fixed term of fifteen years. Notably, after the sentencing hearing on April 18, 1995, in the stairwell

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