(DOWNLOAD) "Rudy Gonzales v. L. W. Morris" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rudy Gonzales v. L. W. Morris
- Author : Supreme Court Of Utah
- Release Date : January 10, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
STEWART, Justice: This appeal is from a dismissal by the district court of plaintiff's petition for a writ of . We affirm. Plaintiff pleaded guilty to a charge of second-degree burglary in violation of § 76-9-3, utah Code Ann. (1953). He was sentenced to a term of one to twenty years in the Utah State Prison pursuant to § 76-9-4. In January 1979 plaintiff petitioned the district court for a writ of . He argued that he was illegally restrained because the Legislature, in amending the burglary provisions of the Utah Code in 1969, repealed the penalty provisions by implication and that therefore the trial court lacked authority to sentence him to prison.