2015 Opinion No. 30
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 Fifth Judicial District, State of Idaho, Cassia County. Hon. Michael R. Crabtree, District Judge.
Judgment of the district court summarily dismissing petition for post-conviction relief, affirmed in part, vacated in part, and case remanded.
Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent.
GUTIERREZ, Judge. Judge LANSING and Judge GRATTON CONCUR.
Juan Manuel Arellano appeals from the judgment of the district court summarily dismissing his petition for post-conviction relief. For the reasons that follow, we affirm in part, vacate in part, and remand.
FACTS AND PROCEDURE
Underlying this post-conviction relief action, Arellano entered a guilty plea to the first degree murder of his wife, except that he entered an Alford plea to the element of malice aforethought, Idaho Code § 18-4001, and to the element of premeditation, I.C. § 18-4003(a). This Court affirmed his judgment of conviction and sentence ...