STATE v. DIETER

No. 38687.

291 P.3d 413 (2012)

STATE of Idaho, Plaintiff-Respondent, v. Philip L. DIETER, Defendant-Appellant.

Supreme Court of Idaho, Boise, August 2012 Term.

Rehearing Denied December 12, 2012.


Attorney(s) appearing for the Case

Bray Family Law, Boise, for appellant.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent.


SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED SEPTEMBER 17, 2012 IS HEREBY WITHDRAWN.

BURDICK, Chief Justice.

This case arises out of an appeal of the district court's refusal to grant a dismissal following an evidentiary hearing in 2011. In 1988, Philip Dieter (Dieter) entered a plea agreement with the State in which he agreed to plead guilty to lewd conduct in exchange for the State's dismissal of two related charges. Subsequently...

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