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Corwin v. State

Court of Appeals of Idaho

February 20, 2014

LARRY DEAN CORWIN, Petitioner-Appellant,
v.
STATE OF IDAHO, Respondent.

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 386

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Thomas J. Ryan, District Judge.

Judgment dismissing action for post-conviction relief, affirmed.

Larry Dean Corwin, Boise, pro se appellant.

Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent.

LANSING, Judge

Larry Dean Corwin appeals from the district court's denial of post-conviction relief. We affirm.

I.

FACTS AND PROCEDURE

In March of 1998, Corwin was convicted of misdemeanor driving under the influence (DUI) for an offense committed in Idaho. Under the law in effect at the time of his offense, a third DUI offense within five years could be charged as a felony. Idaho Code § 18-8005(5) (1997). Corwin was given warnings to that effect pursuant to I.C. § 18-8005(4)(c) (1997). Later in 1998, Corwin was again convicted of a DUI offense in the state of Washington.

In 2006, the Idaho Legislature amended I.C. § 18-8005(5) to provide that a third DUI offense within ten years could be charged as a felony. On June 7, 2007, Corwin again drove while intoxicated in Idaho. Because of his two prior DUI convictions within ten years, he was charged with felony driving under the influence. Corwin was convicted of the offense at trial and was sentenced.

Thereafter, Corwin filed a petition for post-conviction relief. He asserted claims, among others, that application of the 2006 amendment to I.C. ยง 18-8005(5) in his 2007 case violated substantive due process and that his trial counsel was ineffective in presenting his defense. During the pendency of the post-conviction action, Corwin filed a motion for substitution of counsel to replace the attorney that had been appointed to represent him in the post-conviction action. This motion was not scheduled for a hearing, and the district court never addressed it. The district court ultimately summarily dismissed Corwin's claim of a due ...


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