SALAZAR v. WARDEN, UTAH STATE PRISON

No. 910533.

852 P.2d 988 (1993)

Ben Fidel SALAZAR, Plaintiff and Appellant, v. WARDEN, UTAH STATE PRISON, Defendant and Appellee.

Supreme Court of Utah.

May 5, 1993.


Attorney(s) appearing for the Case

Joseph C. Fratto, Jr., Salt Lake City, for plaintiff and appellant.

R. Paul Van Dam, Atty. Gen., David B. Thompson, Asst. Atty. Gen., Salt Lake City, for defendant and appellee.


DURHAM, Justice:

Plaintiff Ben Fidel Salazar pleaded guilty to first degree murder, a capital felony, and was sentenced to life imprisonment. He subsequently filed a petition for a writ of habeas corpus, alleging that (1) he had been denied the effective assistance of counsel, (2) the plea had been coerced, and (3) the trial court had failed to comply with rule 11(5) of the Utah Rules of Criminal Procedure in taking his plea. After an evidentiary hearing, the court...

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