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LUCERO v. WARDEN OF UTAH STATE PRISON

No. 920480-CA.

841 P.2d 1230 (1992)

James LUCERO, Petitioner and Appellant, v. WARDEN OF the UTAH STATE PRISON; The Board of Pardons; and the Utah Department of Corrections, Respondents and Appellees.

Court of Appeals of Utah.

November 13, 1992.

Attorney(s) appearing for the Case

James Lucero, Draper, pro se.

R. Paul Van Dam and Bruce M. Hale, Salt Lake City, for respondents and appellees.

Before BENCH, GARFF and JACKSON, JJ.

BENCH, Presiding Judge:

This matter is before the court on respondent's motion for summary affirmance and petitioner's motion for summary reversal. We summarily reverse.

In the spring of 1991, the Department of Corrections initiated a disciplinary proceeding against petitioner after petitioner allegedly committed sexual assault on a female corrections officer by grabbing her buttock. Petitioner was found guilty of the offense following a disciplinary hearing...

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