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GOSCH v. STATE

No. 38791.

294 P.3d 197 (2012)

Kirk Julliard GOSCH, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

December 31, 2012.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Sarah E. Tompkins , Deputy Appellate Public Defender, Boise, for appellant. Sarah E. Tompkins 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THE COURT'S PRIOR OPINION DATED SEPTEMBER 5, 2012, IS HEREBY WITHDRAWN

MELANSON, Judge.

Kirk Julliard Gosch appeals from the district court's judgment dismissing his petition for post-conviction relief. For the reasons set forth below, we vacate and remand.

I.

FACTS AND PROCEDURE

Gosch was found guilty by a jury of manufacturing a controlled substance...

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