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STATE v. GARDNER

No. 900225.

844 P.2d 293 (1992)

STATE of Utah, Plaintiff and Appellee, v. James F. GARDNER, Defendant and Appellant.

Supreme Court of Utah.

December 2, 1992.

Attorney(s) appearing for the Case

R. Paul Van Dam, J. Kevin Murphy, Salt Lake City, for plaintiff and appellee.

Kenneth G. Anderton, Vernal, for defendant and appellant.

HALL, Chief Justice:

James F. Gardner appeals from an order denying his motion to withdraw his guilty plea. We affirm.

In March of 1985, Gardner was arrested for a beating death that occurred in Vernal, Utah. Subsequent to his arrest, and after he was advised of his Miranda rights, Gardner made two statements to the police admitting the killing. On April 2, 1985, Gardner entered a plea of guilty to depraved indifference homicide, a first degree felony...

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