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State v. Allen

Court of Appeals of Idaho

May 12, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
LONNIE LEE ALLEN, Defendant-Appellant

2014 Opinion No. 40

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Steven C. Verby, District Judge.

Orders denying motions for relief under Idaho Code § 19-2604 and to seal criminal file, affirmed.

Amendola Doty & Brumley, PLLC; Gary I. Amendola, Coeur d'Alene, for appellant.

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

WALTERS, Judge Pro Tem. Judge LANSING and Judge MELANSON CONCUR.

OPINION

Page 674

[156 Idaho 333] WALTERS, Judge Pro Tem

Lonnie Lee Allen appeals from the district court's denial of his motion for relief under Idaho Code § 19-2604 and the denial of his motion to seal the criminal file. We affirm.

I.

BACKGROUND

Pursuant to a plea agreement, Allen pleaded guilty to attempted strangulation, a felony in violation of Idaho Code § 18-923, following an incident with a female companion. On January 13, 2010, the district court entered a judgment of conviction, imposed a fine and a sentence of three years with one year determinate, then suspended the sentence and placed Allen on probation for three years. Approximately nine months later, the State filed a report of three alleged probation violations. Allen admitted one of the alleged violations and the State dismissed the remaining allegations. The district court entered a finding that Allen had violated his probation but continued Allen's probation, ordering that Allen serve eight days in the county jail. In December 2011, Allen filed a motion to terminate his probation early, a motion to set aside his probation violation, and a motion for relief under section 19-2604 " for an order setting aside the Defendant's plea of guilty and conviction in this case and ordering that the case be dismissed and the Defendant discharged." The district court denied the motions, but allowed Allen's probation to be converted to an unsupervised probation on December 22, 2011. A few months later, Allen filed a motion to terminate

Page 675

[156 Idaho 334] his unsupervised probation early and renewed his motions to set aside his probation violation and to reduce his felony conviction. The district court granted Allen's motion for early termination as of July 2, 2012, but after receiving supplemental briefing, denied the other motions, finding that a reduction of Allen's felony conviction was not compatible with the public interest. Allen filed a motion for reconsideration and a separate motion to seal his criminal file. After a hearing, the ...


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