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Keto Arambula v. State of Idaho

September 18, 2012

KETO ARAMBULA, PETITIONER-APPELLANT,
v.
STATE OF IDAHO, RESPONDENT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Randy J. Stoker, District Judge.

The opinion of the court was delivered by: Lansing, Judge

ARMANDO

2012 Unpublished Opinion No. 639

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment dismissing petition for post-conviction relief, affirmed.

This is an appeal from the district court's summary dismissal of an application for post- conviction relief. We are asked to determine whether the allegations contained in the application were sufficient to entitle the applicant to an evidentiary hearing. For the reasons given below, we affirm.

I.

PROCEDURAL BACKGROUND

Armando Keto Arambula pleaded guilty to possession of a controlled substance, Idaho Code § 37-2732. This was in violation of his parole stemming from an earlier offense. For the controlled substance charge, Arambula was sentenced to two (2) years fixed with five (5) years indeterminate for a unified term of seven (7) years. No appeal from the judgment was filed.

Arambula filed a petition for post-conviction relief seeking to overturn the conviction on grounds of an unconstitutionally vague statute, various claims of ineffective assistance of

counsel, and a claim that the district court erred in refusing to provide him alternate counsel. The State filed a motion for summary dismissal of the application, which the court granted. Arambula appeals.

II.

STANDARD OF ...


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