HORNE v. TURNER

No. 13059.

506 P.2d 1268 (1973)

29 Utah 2d 175

Michael HORNE, Plaintiff and Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

February 27, 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, David R. Irvine, Asst. Attys. Gen., Salt Lake City, for defendant-respondent.


ELLETT, Justice:

The plaintiff appeals from a denial of his petition for a writ of habeas corpus. He claims that the writ should have been granted because his plea of guilty to a charge of forgery was not knowingly, voluntarily, intelligently and understandingly made. He bases this contention on two grounds:

1. The court never explained to him that the sentence for forgery could have been made to commence after the termination of sentences theretofore imposed...

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