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PADILLA v. UTAH BD. OF PARDONS

No. 910640-CA.

839 P.2d 874 (1992)

Daniel D. PADILLA, Plaintiff and Appellant, v. UTAH BOARD OF PARDONS; Tamara Holden, Warden; Utah Department of Corrections, Defendants and Appellees.

Court of Appeals of Utah.

October 20, 1992.

Attorney(s) appearing for the Case

Daniel D. Padilla, pro se.

R. Paul Van Dam, State Atty. Gen., and Lorenzo K. Miller, Asst. Atty. Gen., Murray, for defendants and appellees.

Before GARFF, JACKSON and ORME, JJ.

OPINION

JACKSON, Judge:

INTRODUCTION

Daniel D. Padilla appeals the dismissal of his petition for writ of habeas corpus. We reverse and remand.

FACTS

Padilla was convicted of murder in the second degree, a first degree felony, for the shooting death of Anthony Palacios. He was sentenced to serve an indeterminate term of 5 years to life in the Utah State Prison, the actual time served to be

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