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MARTINEZ v. STATE

No. 32349.

152 P.3d 1237 (2007)

Cruz Castillo MARTINEZ, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

February 16, 2007.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant. Jason C. Pintler argued.

Hon. Lawrence G. Wasden, Attorney General; Daniel W. Bower, Deputy Attorney General, Boise, for respondent. Daniel W. Bower argued.

PERRY, Chief Judge.

Cruz Castillo Martinez appeals from the district court's order summarily dismissing his application for post-conviction relief. For the reasons set forth below, we reverse and remand.

I.

FACTS AND PROCEDURE

On January 31, 2004, Martinez was stopped by a police officer while driving. According to the officer's probable cause affidavit, the officer conducted a field sobriety test on Martinez, which Martinez failed. After...

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