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Parvin v. State

Court of Appeals of Idaho

October 22, 2014

MICHAEL PARVIN, Petitioner-Appellant,
v.
STATE OF IDAHO, Respondent

2014 Opinion No. 88.

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Bradly S. Ford, District Judge.

Judgment dismissing action for post-conviction relief, affirmed.

Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant.

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

LANSING, Judge. Chief Judge GUTIERREZ and Judge GRATTON CONCUR.

OPINION

LANSING, Judge

Michael Parvin was convicted of lewd conduct with a child under the age of sixteen years in 1999. Since June 2000, Parvin has

Page 678

[157 Idaho 519] continuously sought a reduction of his sentence. Although his sentence was initially substantially reduced, that reduction was set aside, and Parvin's requests for relief since then have been frustrated by procedural complications. In this appeal, Parvin argues that the district court erred by denying his request for relief in his second post-conviction action.

I.

BACKGROUND

This Court set forth the procedural background of this case in one of Parvin's prior appeals, Parvin v. State, Docket No. 38295, (Ct.App. Apr. 30, 2012) (unpublished):

Parvin pled guilty in 1999 to one count of lewd conduct with a child under the age of sixteen years. Following his guilty plea, Parvin received a unified sentence of life, with ten years determinate. Parvin then filed a timely motion under [Idaho Criminal] Rule 35, which the district court granted. Parvin's sentence was reduced to a twenty-year term, with five years determinate. The State filed a motion for reconsideration arguing that the victims' rights were violated and that the court improperly applied the law in granting the Rule 35 motion. The district court vacated the order reducing Parvin's ...

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