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WAMSLEY v. STATE

No. 20100617-CA.

272 P.3d 800 (2012)

2012 UT App 57

Korte H. WAMSLEY Jr., Petitioner and Appellant, v. STATE of Utah, Respondent and Appellee.

Court of Appeals of Utah.

February 24, 2012.

Attorney(s) appearing for the Case

Randall W. Richards , Ogden, for Appellant.

Mark L. Shurtleff and Ryan D. Tenney , Salt Lake City, for Appellee.

Before Judges ORME, THORNE, and CHRISTIANSEN.

DECISION

PER CURIAM:

¶ 1 Korte H. Wamsley Jr. appeals the dismissal of his petition for postconviction relief as untimely. We affirm.

¶ 2 A petitioner seeking postconviction relief "has the burden of pleading and proving by a preponderance of evidence the facts necessary to entitle the petitioner to relief." Utah Code Ann. § 78B-9-105(1) (2008). Additionally, once a ground for preclusion of relief has been raised, "the petitioner has...

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