Johnny Jay Diamond v. State

Johnny Jay Diamond appeals from the district court’s judgment summarily dismissing his petition for post-conviction relief. We reverse the judgment and remand the case for further proceedings.

i.

FACTUAL AND PROCEDURAL BACKGROUND

Diamond pled guilty to aiding and abetting robbery, Idaho Code §§ 18-204, 18-306, 18-6601, 18-6602. The sentencing court placed Diamond on probation. Diamond appealed, and this Court affirmed his judgment of conviction and sentence. See State v. Diamond, Docket No. 34554 (Ct. App. May 7, 2008) (unpublished). Diamond violated his probation by failing to pay restitution.…