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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 35132 DERRICK LAWRENCE HUGHES, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. ) ) ) ) ) ) ) ) ) )

2009 Opinion No. 68 Filed: October 14, 2009 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Randy J. Stoker, District Judge. Order of the district court summarily dismissing application for post-conviction relief, affirmed. Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Molly J. Huskey argued. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued. ________________________________________________ GRATTON, Judge Derrick Lawrence Hughes appeals from the summary dismissal of his application for post-conviction relief. We affirm. I. FACTS AND PROCEDURAL BACKGROUND The State charged fifty-six-year-old Hughes, by indictment, with twenty-one counts arising from unlawful sexual conduct with sixteen-year-old P.M. Pursuant to a plea agreement, Hughes pled guilty to five counts of rape, Idaho Code

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Idaho Law