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DURAN v. TURNER

No. 13087.

516 P.2d 353 (1973)

30 Utah 2d 249

Rumaldo DURAN, Plaintiff and Respondent, v. John W. TURNER, Warden, Utah State Prison, Defendant and Appellant.

Supreme Court of Utah.

November 28, 1973.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., William T. Evans and David S. Young, Asst. Attys. Gen., Salt Lake City, for defendant and appellant.

Myrna Mae Nebeker (Deceased), Salt Lake City, for plaintiff and respondent.

HENRIOD, Justice:

Appeal by the State from a judgment granting a petition for writ of habeas corpus after Duran had been convicted of rape, — apparently a violent one.

The thrust of his case is that unconstitutionally he was denied a right to appeal because his court-appointed attorney did not perfect it.

The judgment of the lower court, based solely on the Anders case,1

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