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CLARK v. TURNER

No. 10684.

19 Utah 2d 210 (1967)

429 P.2d 262

DELBERT CHRIS CLARK, PLAINTIFF AND APPELLANT, v. JOHN W. TURNER, WARDEN UTAH STATE PRISON, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

June 30, 1967.

Attorney(s) appearing for the Case

Jimi Mitsunaga, Legal Defender, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., Gary A. Frank, Asst. Atty. Gen., Salt Lake City, for respondent.

HENRIOD, Justice.

Appeal from a denial of a petition for writ of habeas corpus. Affirmed.

The jury found Clark guilty of burglary, his third felony conviction, and then found him guilty of being an habitual criminal under our statute.1 The trial judge sentenced him under the burglary statute. Then separately sentenced him under the habitual statute.

Clark says this sentencing was a violation of the Fifth Amendment to the...

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