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JOHNSON v. STATE

No. 20040494.

134 P.3d 1133 (2006)

2006 UT 21

Donald R. JOHNSON, Plaintiff and Petitioner, v. STATE of Utah, Defendant and Respondent.

Supreme Court of Utah.

April 4, 2006.

Attorney(s) appearing for the Case

Margaret P. Lindsay, Orem, and Patrick V. Lindsay, Provo, for plaintiff.

Mark L. Shurtleff, Att'y Gen., Thomas Brunker, Asst. Att'y Gen., Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

¶ 1 We granted certiorari in this case to determine whether a district court may order nunc pro tunc resentencing of a defendant without first determining that the defendant satisfies the jurisdictional prerequisites of the Post-Conviction Remedies Act ("PCRA").1 Plaintiff Donald R. Johnson filed a petition for post-conviction relief in the district court more...

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