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SUMMERS v. COOK

No. 870070-CA.

759 P.2d 341 (1988)

Steven V. SUMMERS, Plaintiff and Appellant, v. Gerald COOK, Warden, State Prison, Defendant and Respondent.

Court of Appeals of Utah.

July 27, 1988.

Attorney(s) appearing for the Case

James N. Barber (argued), Salt Lake City, for plaintiff and appellant.

David L. Wilkinson, State Atty. Gen., Sandra L. Sjogren, Stanley H. Olsen (argued), Asst. Attys. Gen., for defendant and respondent.

Before ORME, DAVIDSON and BENCH, JJ.

OPINION

ORME, Judge:

Plaintiff appeals from the dismissal of his habeas corpus petition and denial of his two requests for default judgment. We reverse in part and remand.

FACTS

On July 13, 1985, plaintiff was charged in Fourth District Court with obtaining a controlled substance by fraud or misrepresentation, a third degree felony, to which he initially entered a plea of not guilty. Following plea negotiations, on August 15, 1985, plaintiff...

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