MARTINEZ v. SMITH

No. 16393.

602 P.2d 700 (1979)

Joaquin MARTINEZ, Plaintiff and Appellant, v. Samuel W. SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

October 24, 1979.


Attorney(s) appearing for the Case

Michael E. Bulson and James R. Hasenyager of Utah Legal Services, Inc., Ogden, for plaintiff and appellant.

Robert B. Hansen, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.


CROCKETT, Chief Justice:

Petitioner Joaquin Martinez appeals from the granting of State's motion to dismiss his petition in habeas corpus which challenged his detention in the state prison resulting from his plea of guilty to second degree murder and aggravated assault.1

Charges against petitioner arose out of an altercation at a home in Ogden wherein one Gary Osborn was stabbed to death. Petitioner was initially charged with first...

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