HENLINE v. SMITH

No. 14264.

548 P.2d 1271 (1976)

Shawn HENLINE, Plaintiff and Appellant, v. Samuel W. SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

April 21, 1976.


Attorney(s) appearing for the Case

Robert Felton, of O'Connell & Stansfield, Salt Lake City, for plaintiff-appellant.

Vernon B. Romney, Atty. Gen., William W. Barrett, Asst. Atty. Gen., Salt Lake City, for defendant-respondent.


ELLETT, Justice:

The petitioner was originally charged with the crime of robbery. He and his counsel entered into a plea bargaining deal with the prosecutor as shown by the following parts of the record:

THE COURT: The record may show that this is the time set for trial in connection with State of Utah versus Shawn Henline, Criminal No. 25559. The record may show that defendant is present in court in person, also he is represented by, with and through his...

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