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CLARK v. TURNER

No. C 223-67.

283 F.Supp. 909 (1968)

Delbert Chris CLARK, Petitioner Plaintiff, v. John W. TURNER, Warden, Utah State Prison, Respondent-Defendant.

United States District Court D. Utah, Central Division.

April 29, 1968.

Attorney(s) appearing for the Case

Kent Shearer, Salt Lake City, Utah, for petitioner-plaintiff.

Gerald G. Gundry, Asst. Atty. Gen., for the State of Utah, for respondent-defendant.

MEMORANDUM DECISION

CHRISTENSEN, District Judge.

The petitioner, a state prisoner, is again before this court on his amended petition for a writ of habeas corpus based upon the claim that he was illegally sentenced as an habitual criminal. In his initial petition to this court petitioner charged that his conviction and sentence on the second count of a two count information charging respectively second degree burglary (76-9-4 U.C.A. 1953), and being an habitual...

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