WAMSLEY v. STATE

No. 20121006-CA.

338 P.3d 266 (2014)

2014 UT App 254

Korte H. WAMSLEY Jr., Plaintiff and Appellant, v. STATE of Utah, Defendant and Appellee.

Court of Appeals of Utah.

October 23, 2014.


Attorney(s) appearing for the Case

Korte H. Wamsley Jr., Appellant Pro Se.

Sean D. Reyes and Brett J. DelPorto , Salt Lake City, for Appellee.

Judge STEPHEN L. ROTH authored this Opinion, in which Judge JOHN A. PEARCE and Senior Judge RUSSELL W. BENCH concurred.


Opinion

ROTH, Judge:

¶ 1 Korte H. Wamsley Jr. entered Alford pleas to two counts of sexual abuse of a child involving two of his daughters. Five years later, Wamsley filed a petition for postconviction relief alleging that he was factually innocent. Wamsley submitted with the petition an affidavit from the younger daughter, stating that her father had never touched her inappropriately. The district court granted the State's subsequent motion...

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