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MONTOYA v. SIBBETT

No. 20030381-CA.

81 P.3d 797 (2003)

2003 UT App 398

David Ernest MONTOYA, Petitioner and Appellant, v. M.R. SIBBETT, Don Blanchard, Curtis Garner, Cheryl Hansen, and Keith Hamilton, members of Utah Board of Pardons and Parole in their official capacities; and Utah Board of Pardons and Parole, Respondents and Appellees.

Court of Appeals of Utah.

November 21, 2003.

Attorney(s) appearing for the Case

Carolyn Pence, DeRae Preston, Robert B. Denton, and John Pace, Salt Lake City, for Appellant.

Mark L. Shurtleff, Atty. Gen., and Sharel S. Reber, Asst. Atty. Gen., Salt Lake City, for Appellees.

Before BILLINGS, Associate P.J., BENCH and THORNE, Jr., JJ.

OPINION

BILLINGS, Associate Presiding Judge:

¶ 1 David Montoya appeals the trial court's denial of his Petition for Extraordinary Relief and grant of the Board of Pardons's (the Board) Cross Motion for Summary Judgment. Montoya asserts the district court erred in concluding the Board did not err in denying Montoya credit for time served at the Utah State Hospital (the state hospital). We reverse and remand and order Montoya be given credit for the 267...

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