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McNAIR v. STATE

No. 20110766-CA.

328 P.3d 874 (2014)

2014 UT App 127

Eugene S. McNAIR, Petitioner and Appellant, v. STATE of Utah, Respondent and Appellee.

Court of Appeals of Utah.

June 5, 2014.

Attorney(s) appearing for the Case

Troy L. Booher and Beth E. Kennedy , for Appellant.

Sean D. Reyes and Erin Riley , for Appellee.

Judge GREGORY K. ORME authored this Opinion, in which Judges J. FREDERIC VOROS JR. and STEPHEN L. ROTH concurred.

Opinion

ORME, Judge:

¶ 1 Eugene S. McNair appeals the dismissal of his petition seeking post-conviction relief from his conviction for rape, a first degree felony. He argues that the trial court erred in granting the State's rule 12(b)(6) motion to dismiss his petition as untimely. See Utah R. Civ. P. 12(b)(6). Because we conclude that the allegations in McNair's pro se petition, as bolstered by his response to the State's motion to dismiss,...

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