CLOUSE v. SMITH

No. 13485.

519 P.2d 1343 (1974)

30 Utah 2d 461

William Cedric CLOUSE, Plaintiff and Appellant, v. Samuel SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

March 13, 1974.


Attorney(s) appearing for the Case

Bruce C. Lubeck of Salt Lake Legal Defenders Ass'n., Salt Lake City, for plaintiff and appellant.

Vernon B. Romney, Atty. Gen., M. Reid Russell, Earl F. Dorius, Asst. Attys. Gen., Salt Lake City, for defendant and respondent.


HENRIOD, Justice:

Appeal from a writ of habeas corpus petition. Affirmed.

Defendant pleaded guilty to burglary. He was represented by counsel at the time, who advised the court he was of the opinion defendant knowingly and voluntarily was entering such plea. This conclusion was fortified by answers of defendant to numerous questions asked by the court, obviously posed to protect defendant's rights. Consequently, and based on the record, we conclude defendant...

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