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Dixon v. State

Court of Appeals of Idaho

September 8, 2014

DANIEL LEE DIXON, Petitioner-Appellant,
v.
STATE OF IDAHO, Respondent

2014 Opinion No. 73

Editorial Note:

This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules.

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

Order denying petition for post-conviction relief, affirmed; order denying Rule 60(b)(6) motion, affirmed.

Nevin, Benjamin, McKay & Bartlett, LLP; Robyn A. Fyffe, Boise, for appellant. Robyn A. Fyffe argued.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent. Mark W. Olson argued.

GRATTON, Judge. Judge LANSING and Judge MELANSON CONCUR.

OPINION

Page 562

GRATTON, Judge

Daniel Lee Dixon appeals from the denial of his petition for post-conviction relief and the denial of his Idaho Rule of Civil Procedure 60(b)(6) motion for relief from judgment. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 2006, Dixon was tried and convicted for lewd conduct with a minor under sixteen, first degree kidnapping, misdemeanor possession of drug paraphernalia, and misdemeanor malicious injury to property. The incident occurred at a Coeur d'Alene park and involved Dixon grabbing a twelve-year-old ...


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