HELMUTH v. MORRIS

No. 16239.

598 P.2d 333 (1979)

Mark George HELMUTH, Petitioner and Appellant, v. Lawrence MORRIS, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

July 3, 1979.


Attorney(s) appearing for the Case

Randall T. Gaither, Salt Lake City, for petitioner and appellant.

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


CROCKETT, Chief Justice:

Petitioner Mark George Helmuth appeals to overturn a judgment of the district court which rejected his petition in habeas corpus challenging his sentence of a term in the state prison for conviction of a felony under 58-37-8(4)(a)(iii), U.C.A. 1953, of the "Utah Controlled Substances Act." The Act provides:

It shall be unlawful for any person ... to make any false or forged prescription or...

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