Pro Tem., dissenting.
A remand with directions to hold a hearing merely because a trial judge failed to explain a ruling whose reasons are fully revealed in the record is pointless. In this case, the trial judge’s notice, albeit terse, was precise and complete. It satisfied the requirements of Idaho Code § 19-4906, and is fully substantiated by settled law. Just because the petitioner might not perceive the court’s full rationale does not make the notice deficient, nor mandate a hearing to explain it further.
The only issue raised in the original petition that was not resolved or foreclosed by the direct appeal was ineffective assistance of counsel. However, no facts were offered to the trial judge, and none are included in the appellate briefs, to support any conclusion that different counsel could have changed the outcome. The substance of petitioner’s argument is merely that his first lawyer should have tried harder. This court has repeatedly held that such speculation is not sufficient to warrant relief in post convictions proceedings. Parrott v. State, 117 Idaho 272, 787 P.2d 258 (1990); State v. Bingham, 116 Idaho 415, 776 P.2d 424 (1989); State v. Charboneau, 116 Idaho 129, 774 P.2d 299 (1989); Carter v. State, 108 Idaho 788, 702 P.2d 826 (1985); all citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). All of this is either settled law or is apparent from the record, whether detailed in the trial judge’s ruling or not.
I would affirm the order of the trial court dismissing the petition for post conviction relief.