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JAMES v. GALETKA

No. 961767-CA.

965 P.2d 567 (1998)

Steven Ray JAMES, Petitioner and Appellant, v. Henry GALETKA, Warden; State of Utah, Respondents and Appellees.

Court of Appeals of Utah.

September 3, 1998.

Attorney(s) appearing for the Case

Mark T. Ethington, Day, Shell & Liljenquist, L.C., Murray, for Petitioner and Appellant.

Jan Graham, Atty. Gen., and Thomas B. Brunker, Asst. Atty. Gen., Salt Lake City, for Respondents and Appellees.

Before DAVIS, P.J., and BENCH and JACKSON, JJ.

OPINION

DAVIS, Presiding Judge:

Defendant appeals from the dismissal of his petition for extraordinary relief, arguing that because the statute of limitations had run on a charge of tampering with evidence, a second degree felony, that charge should not have been included in a plea bargain arrangement wherein defendant also pleaded guilty to manslaughter, also a second degree felony. We affirm.

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