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SMITH v. COOK

No. 890241.

803 P.2d 788 (1990)

Michael O. SMITH, Plaintiff and Appellant, v. Gerald L. COOK, Warden, Utah State Prison; David R. Wilkinson, Utah State Attorney General, Defendants and Appellees.

Supreme Court of Utah.

November 29, 1990.

Attorney(s) appearing for the Case

Anne Milne, M. David Eckersley, Salt Lake City, for plaintiff and appellant.

R. Paul Van Dam, C. Dane Nolan, Salt Lake City, for defendants and appellees.

HALL, Chief Justice:

This is an appeal from the denial of a petition for a writ of habeas corpus.

On June 23, 1981, plaintiff Michael O. Smith was convicted of forcible sodomy upon a child,1 a first degree felony, and was sentenced to a prison term of five years to life. Formal judgment was entered against Smith on July 10, 1981, at which time his prison sentence was suspended subject to successful completion of three years' probation...

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