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GONZALES v. MORRIS

No. 16398.

610 P.2d 1285 (1980)

Rudy GONZALES, Plaintiff and Appellant, v. L.W. MORRIS, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

April 10, 1980.

Attorney(s) appearing for the Case

Robert J. Schumacher of Utah County Legal Defenders Ass'n, Provo, for plaintiff and appellant.

Robert B. Hansen, Atty. Gen., Craig L. Barlow, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.

STEWART, Justice:

This appeal is from a dismissal by the district court of plaintiff's petition for a writ of habeas corpus. We affirm.

Plaintiff pleaded guilty to a charge of second-degree burglary in violation of § 76-9-3, Utah Code Ann. (1953). He was sentenced to a term of one to twenty years in the Utah State Prison pursuant to § 76-9-4. In January 1979 plaintiff petitioned the district court for a...

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