Esquivel v. State

SCHROEDER, Justice.

This is an appeal by Jose E. Esquivel from the dismissal of his petition for post-conviction relief. The dismissal was based on the expiration of the statute of limitations found in section 19-4902 of the Idaho Code (Supp. 1995) (amended 1993). We affirm the dismissal.

I

BACKGROUND AND PRIOR PROCEEDINGS

Esquivel pled guilty to conspiracy to deliver a controlled substance and was sentenced on October 26, 1989, to a unified sentence of ten years with eight years fixed. Subsequently he filed a Rule 35 motion pursuant to the Idaho Criminal Rules (I.C.R.) to reduce his sentence.…