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MOENCH v. STATE

No. 20010517-CA.

57 P.3d 1116 (2002)

2002 UT App 333

Andrew D. MOENCH, Petitioner and Appellant, v. STATE of Utah, Respondent and Appellee.

Court of Appeals of Utah.

October 10, 2002.

Attorney(s) appearing for the Case

Bruce A. Jacques, South Jordan, for Appellant.

Before BILLINGS, Associate P.J., ORME, and THORNE, JJ.

OPINION

THORNE, Judge:

¶ 1 Andrew D. Moench appeals the dismissal of his petition for post conviction relief. We reverse and remand for further proceedings.

BACKGROUND

¶ 2 Moench filed a Petition for Relief Under the Post Conviction Remedies Act. See Utah Code Ann. §§ 78-35a-101 to -304 (1996); Utah Rule of Civil Procedure 65C. In his petition, Moench alleged that: (1) his trial counsel was ineffective; (2) he...

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