Barcella v. State

GRATTON, Judge.

Gerald A. Bareella appeals from the district court’s denial of his application for post-conviction relief. We affirm.

I

FACTS AND PROCEDURAL BACKGROUND

The facts giving rise to the charge against Bareella are set forth in this Court’s opinion on Barcella’s direct appeal from his conviction, State v. Barcella, 135 Idaho 191, 16 P.3d 288 (Ct.App.2000), as follows:

The state’s evidence at trial set forth the following fact scenario: On the evening of April 2, 1995, Bareella told Kenneth Thrift-his drinking buddy for the evening, Virginia Smeltzer — the bartender at the Watering Hole…