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PYNE v. STATE

No. 20080126-CA.

198 P.3d 1004 (2008)

2008 UT App 425

David M. PYNE, Petitioner and Appellant, v. STATE of Utah, Respondent.

Court of Appeals of Utah.

November 28, 2008.

Attorney(s) appearing for the Case

David M. Pyne, Tooele, Appellant pro se.1

Before Judges BENCH, DAVIS, and ORME.

MEMORANDUM DECISION

ORME, Judge:

¶ 1 Petitioner David M. Pyne challenges the Third District Court's dismissal of his petition for post-conviction relief, the court having concluded the petition was untimely. Pyne asserts that the court failed to consider the "interests of justice" exception found in Utah Code section 78-35a-107(3). See Utah Code Ann. § 78-35a-107(3) (Supp.2007) ("If the court finds that the interests of justice require,...

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