Terry Lee Ash v. State

Terry Lee Ash appeals from the district court’s judgment summarily dismissing his petition for post-conviction relief. We affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

In the underlying case, the State charged Ash with driving under the influence, Idaho Code §§ 18-8004,18-8005(9), and a persistent violator enhancement, I.C. § 19-2514. In the State’s case-in-chief at trial, the prosecutor asked the arresting officer, “Now, after he performed those FSTs and you arrested him, did he say anything about drinking any more alcohol besides the one beer?” The officer responded, “He decided not to say…