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STATE v. ALLEN

No. 38665.

283 P.3d 114 (2012)

STATE of Idaho, Plaintiff-Respondent, v. Mark Edward ALLEN, III, Defendant-Appellant.

Court of Appeals of Idaho.

May 15, 2012.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Erik R. Lehtinen , Chief, Appellate Unit, Boise, for appellant.

Hon. Lawrence G. Wasden , Attorney General; John C. McKinney , Deputy Attorney General, Boise, for respondent.

LANSING, Judge.

Mark Edward Allen, III, appeals from the denial of a motion filed in his criminal case five months after the judgment of conviction was entered. Allen asserts that the district court erred by not treating the motion as a petition for post-conviction relief.

I.

BACKGROUND

Allen pleaded guilty to felony driving under the influence of alcohol, Idaho Code §§ 18-8001(1)(a) and 18-8005(7), and was sentenced to a unified...

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