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O'Neil v. State

Court of Appeals of Idaho

November 20, 2013

PATRICK O'NEIL, Petitioner-Appellant,
v.
STATE OF IDAHO, Respondent.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 759

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Robert C. Naftz, District Judge.

Order summarily dismissing petition for post-conviction relief, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent.

GRATTON, Judge

Patrick O'Neil appeals from the district court's order summarily dismissing his petition for post-conviction relief. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

O'Neil pled guilty to grand theft by possession of stolen property, Idaho Code §§ 18-2403(4), 18-2407(1), and the district court imposed a unified term of seven years with three years determinate. O'Neil filed an Idaho Criminal Rule 35 motion, which the district court denied. O'Neil appealed his sentence and the denial of his Rule 35 motion and this Court affirmed the district court. State v. O'Neil, Docket No. 38767 (Ct. App. Apr. 17, 2012) (unpublished).

While his appeal was pending, O'Neil filed a pro se petition for post-conviction relief and a motion for appointment of counsel. After issuing a notice of intent to dismiss, the district court denied O'Neil's motion for appointment of counsel and summarily dismissed his petition. O'Neil timely appeals.

II.

ANALYSIS

O'Neil claims: (1) that the district court erred by denying his request for appointment of counsel; and (2) that the district court erred by summarily dismissing his petition for post-conviction relief because his petition and affidavit contained ...


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