Thomas Lee Stone v. State Idaho

Thomas Lee Stone pled guilty to grand theft-embezzlement, I.C. §§ 18-2403(1), 18-2403(2)(b). He was sentenced to a fixed five-year term in the custody of the Board of Correction. He did not appeal. After serving fifteen months of his sentence, he filed a petition for post-conviction relief, contending: (1) the bail set at the probable cause hearing was excessive; (2) the prosecutor made prejudicial statements which resulted in a coerced guilty plea; (3) the sentence was excessive; (4) his vehicle had been illegally searched and evidence had been illegally seized; and (5) he did not have the assistance of counsel throughout the entire proceedings. The state answered these contentions and requested that "the Petition be dismissed without oral arguments." The district court thereafter entered a notice of its intent to dismiss the petition without further proceedings. Stone responded, but to no avail. The court dismissed the petition, without a hearing, on the ground that "there is no