STATE v. LOVELACE

Nos. 24373, 26927.

90 P.3d 278 (2003)

140 Idaho 53

STATE of Idaho, Plaintiff-Respondent, v. Faron E. LOVELACE, Defendant-Appellant. Faron Earl Lovelace, Petitioner-Appellant, v. State of Idaho, Respondent.

Supreme Court of Idaho, Boise, February 2003 Term.

Rehearing Granted November 20, 2003.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Mark James Ackley, Deputy State Appellate Public Defender, Boise, for appellant. Mark James Ackley, argued.

Hon. Lawrence G. Wasden, Attorney General; L. LaMont Anderson, Deputy Attorney General, Boise, for respondent. L. LaMont Anderson argued.


WALTERS, Justice.

This is a consolidated appeal from Lovelace's conviction for first-degree murder and first-degree kidnapping, for which he was given the death penalty, and from the order summarily dismissing his application for post-conviction relief. We remand for resentencing.

FACTS AND PROCEDURAL BACKGROUND

Faron Lovelace, a convicted felon and federal fugitive, was arrested by the United States Marshal Service in Bonner County in August...

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