Eubank v. State

SCHWARTZMAN, Judge.

This is a post-conviction relief proceeding brought by Thomas Eubank. The district court summarily dismissed the action on the ground that Eubank’s claims were barred by the applicable statute of limitation. We affirm the action of the district court.

I

FACTS AND PROCEDURAL BACKGROUND

Following a jury trial Eubank was convicted of two serious felonies, first degree burglary and sexual abuse of a child. Based upon these convictions, and upon a determination that Eubank was a persistent violator under I.C. § 19-2514, the district court imposed a single sentence for a fixed term…