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HOFFMAN v. STATE

No. 37938.

277 P.3d 1050 (2012)

Monte George HOFFMAN, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

May 11, 2012.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Brian R. Dickson , Deputy Appellate Public Defender, Boise, for appellant. Brian R. Dickson argued.

Hon. Lawrence G. Wasden , Attorney General; Jessica M. Lorello , Deputy Attorney General, Boise, for respondent. Jessica M. Lorello argued.

SCHWARTZMAN, Judge Pro Tem.

Monte George Hoffman appeals from the district court's judgment summarily dismissing his petition for post-conviction relief. We affirm the judgment in part, vacate the judgment in part, and remand the case.

I.

FACTS1 AND PROCEDURE

While driving a borrowed vehicle he was considering purchasing, Hoffman was detained for allegedly driving with a broken headlight

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