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STEWART v. STATE BY AND THROUGH DELAND

No. 910566-CA.

830 P.2d 306 (1992)

Dail Ray STEWART, Petitioner and Appellee, v. STATE of Utah, By and Through Gary DELAND, Director, Utah Department of Corrections, Respondent and Appellant.

Court of Appeals of Utah.

April 9, 1992.

Attorney(s) appearing for the Case

R. Paul Van Dam, Atty. Gen., David F. Bryant (argued), Asst. Atty. Gen., Salt Lake City, for respondent and appellant.

James N. Barber (argued), Salt Lake City, for petitioner and appellee.

Before BILLINGS, Associate P.J., and JACKSON and RUSSON, JJ.

OPINION

JACKSON, Judge:

The State of Utah appeals the trial court's grant of Dail Ray Stewart's petition for a writ of habeas corpus. We affirm.

FACTS

Stewart was charged with second degree homicide in the stabbing death of a fellow prison inmate pursuant to Utah Code Ann. § 76-5-203 (Supp.1985). He appealed his conviction on the basis of insufficient evidence and the supreme court affirmed in State v. Stewart,

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