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FRAUSTO v. STATE

No. 970518.

966 P.2d 849 (1998)

Richard A. FRAUSTO, Plaintiff and Appellant, v. STATE of Utah, Defendant and Appellee.

Supreme Court of Utah.

September 25, 1998.

Attorney(s) appearing for the Case

J. Thomas Bowen, Jennifer Gowans, Midvale, for plaintiff.

Jan Graham, Att'y Gen., Annina M. Mitchell, Christine Soltis, Asst. Att'ys Gen., Salt Lake City, for defendant.

RUSSON, Justice:

INTRODUCTION

Richard A. Frausto appeals from a district court order dismissing his petition for a writ of habeas corpus. The district court dismissed the petition on the ground that Frausto had failed to file his petition within the one-year statute of limitations period pursuant to Utah Code Ann. § 78-35a-107. We reverse and remand for further proceedings.

BACKGROUND

Frausto was convicted of murder in December of...

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