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MAXWELL v. TURNER

No. 10924.

20 Utah 2d 163 (1967)

435 P.2d 287

DENNIS MAXWELL, PLAINTIFF AND APPELLANT, v. JOHN W. TURNER, WARDEN, UTAH STATE PRISON, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

December 14, 1967.

Attorney(s) appearing for the Case

Dennis Maxwell, pro se.

Phil L. Hansen, Atty. Gen., J. Franklin Allred, Asst. Atty. Gen., Salt Lake City, for respondent.

CROCKETT, Chief Justice:

Dennis Maxwell pled guilty to a charge of second-degree burglary in February of 1962 for which he is serving a sentence of one to 20 years in the Utah State Prison. In March, 1967, he filed this petition for release under habeas corpus. The proposition he essays is that his waiver of his right to counsel and his plea of guilty were both involuntary because they were induced by a promise of probation which was not kept. After a plenary hearing...

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