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HANKS v. TURNER

No. 13088.

508 P.2d 815 (1973)

29 Utah 2d 300

Robert HANKS, Plaintiff-Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant-Respondent.

Supreme Court of Utah.

April 11, 1973.

Attorney(s) appearing for the Case

Bruce C. Lubeck of Salt Lake Legal Defender Assn., Salt Lake City, for plaintiff-appellant.

Vernon B. Romney, Atty. Gen., David S. Young, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.

CROCKETT, Justice:

Robert Hanks was found guilty of grand larceny by a jury in the Second District Court in Davis County on March 12, 1972, consequent to a trial in which he was represented by competent counsel, Alfred C. Van Wagenen. No appeal was taken and he was committed to the Utah State Prison. He filed this petition in habeas corpus seeking his release and/or to be allowed to file an untimely appeal. Upon a trial the district court made findings adverse to...

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