Balla v. State

This is an appeal from the dismissal of a petition filed by Walter Dale Balia, petitioner-appellant, under Idaho’s Post-Conviction Procedure Act, I.C. § 19 — 4901.

Balia escaped from the Idaho State Correctional Institution in July 1973, was found in the state of Washington and extradited to Idaho. Here he was charged with the crime of escape, I.C. § 18-2505 and in addition it was alleged that he was a persistent violator, I.C. § 19-2514. Following trial, Balia was found guilty of both the escape and being a persistent violator. Balia filed for post-conviction relief, I.C. § 19 — 4901, which…