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STATE v. HARDWICK

No. 37178-2009.

249 P.3d 379 (2011)

STATE of Idaho, Plaintiff-Respondent, v. John Albert HARDWICK, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 2011 Term.

March 17, 2011.

Attorney(s) appearing for the Case

Merris, Naugle, & Herndon, PLLC, Boise, for appellant. J.D. Merris argued.

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

EISMANN, Chief Justice.

Defendant's motion for the withdrawal of his guilty plea and dismissal of his case was denied based on legislation enacted after he had committed his crime. He appealed, alleging that such legislation constituted an ex post facto law in violation of the State and Federal Constitutions. We hold that the legislation was not punitive and affirm the district court.

I. FACTS AND PROCEDURAL HISTORY

On June 15, 2004, John Albert...

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