specially concurring.
I concur in the analysis and the result, which also are supported by the recent case of McDonald v. State, 124 Idaho 103, 856 P.2d 893 (Ct.App.1992). In McDonald the Court of Appeals intimated that a post-conviction hearing may be unnecessary if the trial judge determines that his or her discretionary decision will not change even if the allegations in the application for post-conviction relief are true and even if the application shows that the original proceedings may have been tainted by legal or factual error.