Mellinger v. State

WALTERS, Chief Judge.

Effective July 1, 1979, I.C. § 19-4902 was amended to provide a five-year limitation period for filing an application for post-conviction relief. Previous to the amendment, no period of limitation was prescribed in the statute. This appeal presents the question whether the five-year limitation mandated by the amendment applies to a conviction entered before the effective date of the amendment. We hold that it does.

In June, 1972, Alfred Mellinger, who was found to be a persistent violator of the law, received concurrent life terms for each of two counts of assault with a…