SANDPOINT — The state is moving to dismiss a petition for post-conviction relief filed by a Bonner County man serving a 10-year prison term for accidentally killing one pedestrian and seriously injuring another in 2017.

Peter Franklin Goullette was charged with felony vehicular manslaughter in connection with the death of Katherine Stelzer, who was struck while walking along McGhee Road. Zualita Updike, who was walking with Stelzer, was seriously injured in the collision.

While awaiting trial was charged with aggravated assault, witness intimidation and unlawful weapon possession in an unrelated case.

Goullette drew the maximum sentence on the manslaughter charge, partly due to his continued lawlessness while awaiting trial.

Goullette petitioned for post-conviction relief through a civil filing in 1st District Court. He argued he should have been charged with vehicular manslaughter at the misdemeanor level and alleged he received ineffective assistance from his defense counsel.

Bonner County Chief Deputy Prosecutor Shane Greenbank argues Goullette’s petition for relief was not filed in a timely manner. Moreover, Greenbank contends Goullette never sought an appellate review after he was sentenced, which is fatal to his petition for post-conviction relief, according to the Idaho’s Uniform Post-conviction Procedure Act.

“Any issue that could have been raised on direct appeal but was not is forfeited and may not be considered in a post-conviction proceed,” Greenbank said in a motion to dismiss Goullette’s petition.

Goullette further argued in his petition that he received ineffective assistance of counsel, although Greenbank counters that there is insufficient grounds to sustain that claim, according to court records.

A hearing the state’s motion to dismiss is set for Monday in 1st District Court.

Goullette is serving his term at the Idaho State Correctional Center in Kuna, according to the Idaho Department of Correction’s website. He becomes eligible for parole in 2028.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.