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DURAN v. COOK

No. 890203-CA.

788 P.2d 1038 (1990)

Leo B. DURAN, Petitioner and Appellant, v. Gerald COOK, Warden, Utah State Prison, Respondent.

Court of Appeals of Utah.

February 23, 1990.

Attorney(s) appearing for the Case

Leo B. Duran, Draper, pro se.

R. Paul Van Dam and Dan R. Larsen, Salt Lake City, for respondent.

Before BENCH, GARFF and LARSON, JJ.

BENCH, Judge:

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

On June 8, 1987, appellant Leo B. Duran appeared with court-appointed counsel in Third District Court and pleaded guilty to charges of burglary, a second degree felony, and theft, a third degree felony. He was subsequently sentenced on both convictions; no appeal was taken.

Shortly thereafter, appellant filed a petition for writ of...

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