Mills v. State

PERRY, Judge.

In this case we address the issue of whether a letter written by a defendant to a district judge qualifies as an application for post-conviction relief under Idaho Code § 19-4901. We also address the question of whether a motion brought under Idaho Criminal Rule 35 can toll the five-year limitation on post-conviction applications formerly imposed by Idaho Code § 19-4902. 1 On the facts of this case, we hold that the district court correctly ruled that the letter did not qualify as an application for post-conviction relief, and that the Rule 35 motion did not toll the time…