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McCLELLAN v. STATE

No. 20100979-CA.

290 P.3d 326 (2012)

2012 UT App 316

Carl McCLELLAN, Petitioner and Appellant, v. STATE of Utah, Respondent and Appellee.

Court of Appeals of Utah.

November 8, 2012.

Attorney(s) appearing for the Case

Michael P. Studebaker , Ogden, for Appellant.

Mark L. Shurtleff and Christopher D. Ballard , Salt Lake City, for Appellee.

Before Judges THORNE, McHUGH, and CHRISTIANSEN.

MEMORANDUM DECISION

McHUGH, Judge:

¶ 1 Carl McClellan claims that the trial court erred in dismissing his petition for postconviction relief without first conducting a hearing or permitting him to respond to the State's motion to dismiss. We dismiss his appeal for lack of subject matter jurisdiction.

¶ 2 McClellan was convicted of first degree felony rape on August 30, 1988, and was sentenced shortly thereafter to five years to life in...

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