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BELGARDE v. TURNER

No. 557-69.

421 F.2d 1395 (1970)

Dayton J. BELGARDE, Petitioner-Appellee, v. John W. TURNER, Warden, Utah State Prison, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

February 19, 1970.

Attorney(s) appearing for the Case

Ronald J. Greenhalgh, Salt Lake City, Utah (Vernon B. Romney, Atty. Gen., and Lauren N. Beasley, Asst. Atty. Gen., on the brief), for appellant.

D. M. Amoss, Salt Lake City, Utah (Ray G. Groussman, Salt Lake City, Utah, on the brief), for appellee.

Before PICKETT, Senior Circuit Judge, and LEWIS and HICKEY, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the United States District Court for the District of Utah, Central Division, conditionally granting a writ of habeas corpus freeing Belgarde, a state prisoner, from the custody of the appellant warden. Appellee was incarcerated pursuant to a sentence imposed by the state court after entry of a plea of guilty to second-degree (nighttime) burglary. The premise of the trial court's order was a finding that appellee had not...

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