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STATE v. STIRBA

No. 981383-CA

972 P.2d 918 (1998)

STATE of Utah, Petitioner, v. Anne M. STIRBA, Judge, Third Judicial District Court, Salt Lake County, Utah, Respondent; Laura M. Morrison, Intervenor.

Court of Appeals of Utah.

December 24, 1998.

Attorney(s) appearing for the Case

Jan Graham and Norman E. Plate, Salt Lake City, for Petitioner.

Brent M. Johnson, Salt Lake City, for Respondent.

Kimberly A. Clark and Joan C. Watt, Salt Lake City, for Intervenor.

Before Judges BENCH, BILLINGS, and ORME.

OPINION

ORME, Judge:

Pursuant to Rule 65B of the Utah Rules of Civil Procedure and Rule 19 of the Utah Rules of Appellate Procedure, petitioner, the State of Utah, requests an extraordinary writ compelling respondent, Anne M. Stirba, District Court Judge, to order restitution which she previously held unrecoverable. For what are essentially procedural reasons, we deny the petition.

BACKGROUND

In the underlying case, State v. Morrison...

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