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Marciel v. State

Court of Appeals of Idaho

February 20, 2014

DAVID X. MARCIEL, Petitioner-Appellant,
v.
STATE OF IDAHO, Respondent.

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 384

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge.

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

David X. Marciel, Rexburg, pro se appellant.

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

MELANSON, Judge

David X. Marciel appeals from the district court's order summarily dismissing his petition for post-conviction relief. Specifically, he alleges that the district court erred in denying his motion for appointment of counsel and in determining that his petition was barred by the statute of limitation. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Pursuant to an I.C.R. 11 agreement, Marciel pled guilty to burglary. I.C. § 18-1401. On March 1, 2004, the district court withheld judgment, sentenced Marciel, and placed him on probation for two years. The remaining facts of this case, as set out by the district court, are as follows:

Subsequently on November 17, 2004, the State charged Marciel with violating his probation. On March 11, 2005, the Court revoked its order of probation and withheld judgment and imposed a sentence of two (2) years fixed followed by eight (8) years indeterminate for an aggregate term of ten (10) years in the Idaho Department of Correction. The Court then retained jurisdiction. Following the retained jurisdiction, the Court suspended its sentence and placed Marciel on probation. The State filed another probation violation on November 7, 2007, and the Court revoked the order of probation on June 26, 2008. Marciel filed no appeal.

Marciel filed his petition for post-conviction relief on November 23, 2012, making various allegations of ineffective assistance of counsel. Marciel filed a motion for appointment of post-conviction counsel. The district court denied the motion, finding no allegations in the petition that could be developed into viable claims. The district court then gave notice of its intent to summarily dismiss Marciel's petition for post-conviction relief because there was no genuine issue of material fact and the petition was barred by the applicable statute of limitation. The district court gave ...


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