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ESQUIVEL v. STATE

No. 35792.

233 P.3d 186 (2010)

Carlos ESQUIVEL, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Review Denied June 10, 2010.

Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett, Boise, for appellant. Dennis A. Benjamin argued.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED FEBRUARY 1, 2010 IS HEREBY WITHDRAWN

GUTIERREZ, Judge.

Carlos Esquivel appeals from the district court's order denying his petition for post-conviction relief. Specifically, Esquivel challenges the district court's determination that trial counsel's deficient performance in failing to inform Esquivel of his right to remain silent in regard to his psychosexual evaluation (PSE) was not prejudicial...

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