2014 Unpublished Opinion No. 411
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Lynn G. Norton, District Judge.
Judgment dismissing action for post-conviction relief, affirmed.
Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent.
Troy Lane Evans appeals from the judgment dismissing his petition for post-conviction relief. He asserts the post-conviction court erred when it summarily dismissed a claim that Evans's attorney provided ineffective assistance by failing to adequately investigate the factual bases of his criminal charges as well as a claim that his attorney had an actual conflict of interest when she simultaneously represented both Evans and his wife. We find no error.
Evans was charged in a seven-count indictment with three counts of sexual battery of a minor child aged sixteen or seventeen, two counts of indecent exposure, and one count each of possession of sexually exploitative material and sexual abuse of a minor under sixteen years of age. Counts I, II, and IV concerned C.S., who was Evans's stepdaughter. Counts VI and VII involved Evans's daughter. Count III involved a third minor child. In a separate action, Evans's wife was charged with intimidating a witness in a criminal proceeding, I.C. § 18-2604, a felony.
Evans and his wife were represented by a single attorney. Pursuant to a plea agreement, Evans pleaded guilty to Count VII, and the other charges were dismissed. As part of that plea agreement, the State was permitted to argue the allegations of the dismissed counts as aggravating factors, and Evans was permitted to challenge the facts as asserted by the State. A judgment of conviction was entered on Evans's guilty plea.
Evans subsequently filed this post-conviction action in which he raised five claims of ineffective assistance of counsel. Of these, only two are pursued on appeal. Evans claims his defense attorney was ineffective because she failed to investigate certain discrepancies between C.S.'s first statements to police as recorded in police reports and her testimony to the grand jury which, he asserts, could have led to a defense to the charges involving C.S. Evans also contends that his attorney's simultaneous representation of Evans and his wife created an actual conflict of interest that affected the representation.
The State and Evans filed cross-motions for summary disposition. The trial court granted the State's motion for summary dismissal and denied Evans's ...