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THE COURT'S PRIOR OPINION DATED SEPTEMBER 17, 2012 IS HEREBY WITHDRAWN.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