Lee v. State

BACKGROUND AND PRIOR PROCEEDINGS

A. Events Relating To The First Petition For Post-Conviction Relief.

Appellant pled guilty to and was convicted of two counts of vehicular manslaughter. Appellant was sentenced to a fixed term of seven (7) years on the first count and to a consecutive, indeterminate period of seven (7) years on the second count. Appellant’s sentence was affirmed on appeal by the Idaho Court of Appeals. State v. Lee, 111 Idaho 489, 725 P.2d 194 (Ct.App.1986) [Lee I].

Appellant then filed an I.C.R. 35 motion to reduce his sentence. In the memorandum in support of the I.C.R. 35…