Barry D. King v. State Idaho

This is an appeal from an order dismissing an application for post-conviction relief. The appellant, Barry King, pled guilty to a charge of burglary. He was granted probation upon a suspended sentence of ten years. Subsequently, he pled guilty to a charge of rape that was alleged to have occurred while he was under probation on the burglary conviction. He was sentenced to ten years for the rape. Based upon the intervening conviction for rape, Kings probation on the burglary charge was revoked and the court ordered the burglary sentence to be served consecutive to the sentence for the rape offense. King filed an application for post-conviction relief, asking "in the interest of Justice" that the court order the two sentences to be served concurrently. That application was denied when the court concluded the remedy sought by King was not within the grounds for relief set forth in I.C. § 19-4901.[Footnote 1]