STATE OF IDAHO v. DAKOTA LEE VILLAFUERTE AKA KODY VILLAFUERTE (2016)

PETITION FOR REHEARING

Dakota Villafuerte, pursuant to Idaho Appellate Rule 42, petitions the Idaho Supreme Court for rehearing of the above captioned case and Opinion issued by the Idaho Supreme Court on May 27, 2016. Mr. Villafuerte asserts that the decision of the Idaho Supreme Court should be reconsidered because it is contrary to the principles of due process, as it decided the case based on an issue which had not been raised or argued below or on appeal, and it denied his request for supplemental briefing to address the Court's questions in that regard. Furthermore, its decision on that point is inconsistent with Idaho Supreme Court precedent.

A brief in support of this petition will be submitted within 14 days as required by I.A.R. 42(b).

BRIAN R. DICKSON Deputy State Appellate Public Defender

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have this 16th day of June, 2016, caused a true and correct copy of the attached PETITION FOR REHEARING to be hand delivered to Attorney General's mailbox at Supreme Court:

KENNETH K JORGENSEN

DEPUTY ATTORNEY GENERAL

CRIMINAL DIVISION

700 W STATE ST 4TH FLOOR

BOISE ID 83720-0010

MAGALI CEJA Administrative Assistant