Larkin v. State

WALTERS, Chief Judge.

This is an appeal from an order of the district court denying an application for relief under the Post-Conviction Procedure Act. The basis for the application was an allegation that the petitioner, Robert Lar-kin, was unconstitutionally being subjected to cruel and unusual punishment. We affirm.

The appellant, Robert Larkin, is serving an indeterminate sentence of fifteen years, imposed in 1976 following his conviction for second degree murder in Bannock County. He has been released twice on parole. However, each release subsequently was revoked upon proof that Larkin had…