LUCERO v. KENNARD

No. 20040339.

125 P.3d 917 (2005)

2005 UT 79

Benjamin Frank LUCERO, Petitioner, v. Sheriff Aaron KENNARD, Chief Paul Cunningham, Salt Lake County Jail, Murray City Justice Court, Respondents.

Supreme Court of Utah.

November 15, 2005.


Attorney(s) appearing for the Case

Joan C. Watt, Heather Brereton, Salt Lake City, for petitioner.

Scott Daniels, Salt Lake City, for Murray City Justice Court.

Karl L. Hendrickson, Deputy Dist. Att'y, Salt Lake City, for Sheriff Aaron Kennard, Chief Paul Cunningham, and the Salt Lake County Jail.


On Certiorari to the Utah Court of Appeals

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case, we are asked to consider whether the Post-Conviction Remedies Act ("PCRA") allows collateral attacks on a justice court conviction when the defendant has failed to seek a trial de novo. The court of appeals concluded that the failure to seek a trial de novo bars a justice court defendant from obtaining post-conviction relief. We granted certiorari to...

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