SMITH v. STATE

No. 33254.

203 P.3d 1221 (2009)

Jason C. SMITH, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, June 2008 Term.

February 10, 2009.


Attorney(s) appearing for the Case

Molly Huskey, State Appellate Public Defender, Boise, for appellant. Sara Thomas argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Mark Kubinski argued.


AMENDED OPINION

THE COURT'S PRIOR OPINION DATED FEBRUARY 9, 2009 IS HEREBY WITHDRAWN

HORTON, Justice.

Jason Smith was incarcerated for the 1998 rape of a fifteen-year-old girl. Prior to his release, he was referred to the Sexual Offender Classification Board (the Board or SOCB) to determine whether he should be classified as a violent sexual predator (VSP). The Board classified Smith as a VSP. Smith sought judicial review of that decision. After...

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