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Reid v. State

Court of Appeals of Idaho

August 27, 2013

DARYL L. REID, JR., Petitioner-Appellant,
v.
STATE OF IDAHO, Respondent.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 639

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bear Lake County. Hon. Mitchell W. Brown, District Judge.

Order summarily dismissing petition for post-conviction relief, affirmed; order denying request for appointment of post-conviction counsel, affirmed.

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

Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent.

GRATTON, Judge.

Daryl L. Reid, Jr. appeals from the district court's orders summarily dismissing his petition for post-conviction relief and denying his request for appointment of post-conviction counsel. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Reid was convicted of one count of rape, Idaho Code §§ 18-6101(3), 18-6101(4); one count of misdemeanor battery, I.C. § 18-903; twenty-five counts of lewd conduct with a minor child under sixteen, I.C. § 18-1508; and twenty-one counts of sexual battery of a minor child sixteen or seventeen years of age, I.C. § 18-1508A(1)(a). The district court imposed a unified term of life with thirty-three years determinate. Reid appealed and this Court affirmed the decision of the district court in State v. Reid, Docket No. 36843 (Ct. App. July 22, 2011) (unpublished).

Reid filed a petition for post-conviction relief asserting violations of his constitutional rights and requested appointed counsel. Subsequently, the district court filed a notice of intent to dismiss the petition and denied the request for appointment of counsel. Reid filed a response to the district court's notice of intent to dismiss and thereafter, the district court issued a memorandum decision and order denying Reid's petition for post-conviction relief. Reid timely appeals.

II. ANALYSIS

Reid claims that the district court erred: (1) by summarily dismissing his petition for post-conviction relief because his petition raised a genuine issue of material fact entitling him to an evidentiary ...


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