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Lonn v. State

Court of Appeals of Idaho

February 20, 2014

DAVID KARL LONN, Petitioner-Appellant,
v.
STATE OF IDAHO, Respondent.

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 385

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Jeff M. Brudie, District Judge.

Judgment summarily dismissing post-conviction action, affirmed.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

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

LANSING, Judge

David Karl Lonn filed a petition for post-conviction relief nearly three years after the judgment of conviction was entered in his case. The State filed a motion seeking summary dismissal because Lonn's petition was untimely. In response, Lonn argued that the time to file his petition was tolled by a pending appeal. He acknowledged that he never filed a formal notice of appeal in order to commence appellate proceedings, but argued that written messages sent to the district court should be treated as the functional equivalent of a notice of appeal. The district court granted the State's motion for summary dismissal, and Lonn appeals.

I.

BACKGROUND

Pursuant to an amended indictment, Lonn pleaded guilty to one count of trafficking in heroin, Idaho Code § 37-2732B. On October 1, 2008, the court pronounced Lonn's sentence, a unified term of twelve years in prison with five years fixed. Thereafter, the court entered its judgment of conviction on November 14, 2008.

While in jail after being sentenced but before the judgment of conviction was entered, Lonn sent four written messages to the district court. In each communication, Lonn requested that the court send him a copy of grand jury transcripts. He explained that he wanted to see these documents in order to decide whether or not to file an appeal.[1] In his final message, he indicated he "would like to pursue an appeal, " but did not indicate a belief that the message itself would commence an appeal.

Lonn filed a petition for post-conviction relief on August 8, 2011. He alleged that in his criminal case he was subjected to violations of due process, equal protection, Brady v. Maryland, 373 U.S. 83 (1963), [2] and the Supremacy Clause of the United States Constitution. He also raised three claims of ineffective assistance of counsel. In his accompanying affidavit, he raised various claims arising from the Universal Declaration of Human Rights and his "right" to be charged by indictment.[3] In his petition, Lonn affirmatively stated that he had not taken an appeal from the judgment of conviction, and none of his claims asserted that he requested that his defense attorney file an appeal.

In an amended petition, filed with the assistance of counsel, Lonn again stated that he had not filed an appeal in the criminal case. In the amended petition, Lonn claimed that he "informed the Court of his desire to appeal" and alleged that trial counsel failed to file an appeal. Lonn did not claim that his communications with ...


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