Matthews v. State

BURNETT, Judge.

This is an appeal from an order of the district court summarily dismissing an application for post-conviction relief. We are presented with three issues: (1) Do convictions for petit theft and for burglary (with intent to commit petit theft) violate the prohibition against double jeopardy? (2) Is Idaho’s burglary statute unduly harsh as applied to shoplifters? (3) Did the trial court wrongfully deprive the appellant of credit for pretrial incarceration on his burglary sentence? For reasons explained below, we affirm the district court’s order.

Michael Matthews was convicted by…