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Show V THURSDAY. MAY 18. 1972 TNK Births New Corporations Mr. and Mrs. William DeBeus 1307 3rd E,son Ohio; 56405 - PACE & MORGAN ENTERPRIS INC. 400 El Paso Gas Bldg, SIC. Prea- - D L Pace, Rt 2, Idaho; V- P- E J Morgan, Rt 3, HOSPITAL daughter 56407 200 S 66 W, Parowan. John F Cowan, 200 S 66 E, Faro wan; Wm L Houman, Holyoak Ln, Parowan; David M Cowan, 244 E 200 N, Parowan. daughter Provo, son Corporations - St, St, Robert Tomberg, 333 Lafayette DEVELOPEMENTS IN CONTROL 2384 N Hwy 89, Ogd. Pres- - Cary Knudsen, 2616 Second Av, So Idaho; VP- - Don Knudsen, CORPORATION. Tr-Se- - Don c- Knudsen, Same. Main, SLC. Pres- - Lawrence Harper, 814 Am Bldg, Texas; VP- - Paul Harpers, 2400 Colo St Hk Bldg, Colo; Sec- - Jeanne A Nelson, Same; Tr- - James R Mitch S urn, Same. 56401 - 184 200 II Atkin, St George; Atkin, 184 Bk VP 184 None; 200 W, N 200 N Sec- ey W, S & S CHEMICAL Bldg, SLC. Pres- - S J 56403 - CHESTER PRODUCTS INC. 300 LaFayette Av, Ohio; Pres-Rog- er W Ach, 223 Hilltop Ln, Ohio; VP- - John 700 Elandoro Dr, 1027 R Strauss, Cinci, Ohio; Franks, 7306 Parkdale Av, Cini, Ohio; Tr- - Jim J Demetrom, 2580 Vera Cinci, Ohio. Hilton, Same; Polly - . Av WORK DONE ON THE SPOT THE COURT: Before I determine whether I accept his stipulation or not, I require that you produce one witness that may identify him from the prison.' Do you have such a witness MR. STRATFORD: Yes, such a witness is here. R Same. THE COURT: SLC. Tapi, D & M Call your witness. After the officer had testified the following conversation took place: MR. BROWNING: 'Just one moment. I have talked with the deiendant, Your Honor, and he is willing to plead guilty to it rather than send it with the Jury. He does not contest the fact that he has been in twice before and with this conviction he says he does not see the necessity for sending the fury out on it. Utah A SERVICE, - INTERMOUNTAIN I. R M 76-1-1- U. C. A. 1953. 8, THE COURT: RABBIT I statute? He realizes if he pleads guilty to this will sentence him under the habitual criminal MR. BROWNING: Francisco, Same; Alora D See charge that Sterling. Jack Francisco, FOB 82, Sterling. Howard, Same; Howard, Same. M right. The ofliccr who was in charge of the records and identification at the Utah Stale Prison was then called and sworn and testified fully about the and service by the defendant of terms in the Utah State Prison, prior INDUSTRIES, Barbara Giulden All GARY 56413 - ATHENIAN HEALTH SPA, 203 Wlkr Bk Bldg, Logan. J Jay Bullock, 619 Kearns Bldg, SLC; Glenna Cooper, Same; Met Rasmussen, Same. 56414 I960. MR. BROWNING: He did serve time and he is willing to stipulate to that. Corp, Nephl. A Duane Sperry, Nephl; Milton Sperry, Nephi; Gay Sperry, Nephi. 1 Sec- - Ben MR. WILSON: Fifty-thre- e. 1953, and the other in I960, is MR. BROWNING: that correct? Foundoft Dr, SLC; 185 E S 56412 Carl MR. STRATFORD: Av, Ogd; Ray Trujl 818 28th St, Ogd; Joe llo, Cisneros, 803 30 St, Ogd; Vlr glnla Reza, 357 Patterson, Ogd. Gilbert Ramirez, 600 Ex Pi, Ogd. 56410 - MIDDLE EAST FOUNDATION , 185 Roundoft Dr, SLC. Lynn M S, Mur; Jay Lynn Smith, 645 E 500 S, Bntfl; Carl R Peterson, INC, 800 MR BROWNING defendant's counsel: I have talked with the defendant in regard to this and he is willing to stipulate that, and let me ask if this is correct, that you have served two previous sentences down at the State Penitentiary, one for rape and one for assault with a deadly weapon, one in 1966. EXEC- F LARSEN, 4600 S, Mur, Gary F Larsen, 115 g 4600 - Sara provides for increased punishment upon conviction of crime by defendants who have been convicted of two prior felonies. Wilson was convicted by a jury of the crime of rape, and he makes no claim of innocence or unfairness in that matter. However, after the verdict of guilty waa returned, the court began die proceedings to have the defendant's status as an habitual criminal determined by the jury.. At that time the following proceedings took place: Our statute Jefferson 56411 - St George. Stansbury, Wyo; Sec- Stultz, Wyo. Wyo, 95 MR WILSON: You Yes, I have heard the Judge on this. heard him. I he is saying. Bountiful Electricity E. On Mary Pirraglio-15- 3 100 N. 3-- B Renter Parker-30- Maeser On 8 Mabey-lj- Owner On E. Manivest, Inc. --153 7- - A 100 N. neglected cooling system can ruin your vacation . . . and your engine' Avoid trouble. Brine your car m lor a free check o' your complete cooling system from the cap to the engine block. Proper care can increase gas mileage, reduce oil con sumption. MR. WILSON: 100 A-- E. Nelson-1- 7 Yes, I understand it. Both the defendant (appellant herein) and his counsel knew that there tty the habitual criminal status. The lawyer was and is of that high-claof that is smart enough to know type attorney when all legitimate avenues of escape are closed to his client and that there was no defense Reiter 1 old-fashion- F. Weldon Thacker-l- $l On W. S. Owner 1950 I understand it. Owier Dennis D. On N. Yes, Your Honor. THE COURT: And, that he, if he wants to he can have a full trial on this issue before this jury in all respects. Does he understand that? Do you understand you can have a trial if you want it? 200 N. W. 2 MR. WILSON: Center W. understand what THE COURT: You must understand that he will be confined for a minimum of fifteen years and it may be for life. Does he understand this? Hook-Up- s On Jay Owner Clerk This is an appeal from a denial of release on a writ 9f habeas corpus. Only one assignment of error is made, to witi That at his criminal trial the appellant was denied due process of law in that he was denied the assistance of competent counsel on the habitual criminal count. St, Coalvl. W L. M. Cummings, ELLETT. Justice: Teresa Carmelo, 2661 Av, Ogd; Dan Garcia, 36 Liberty Hilton, Pres-Wesl- John W. Turner, Warden, Utah State Prison, Defendant and Respondent. ' Ogd, Hilton, INCORPORATION, St George. W, April 27, 1972 - Hope A ATKIN CITIZENS' SENIOR FILED Ve WEBER COUNCIL OP SPANISH 56409 SPEAKING ORGANIZATION, 350 Healy St, FRANKLIN SUPPLY COMPANY 175 No. 12526 Plaintiff and Appellant, UTIVES ASSOCIATION OF UTAH, 237 S 10 E, SLC. Pres- - Charles W Robbins, 622 E, Garfield, SLC; 1st V- P- Lois Larsen, 270 W 5 N, Provo; 2nd V- P- Sebrlna Eklns, Box 433, Delta; Sec- - Alice J Johnson, 244 g 450 E, Bntfl; Tr Eleanor, 49 NY. Wlkr - 56408 RANDOLPH COMPUTER 56398 143 S Main, SLC. CORPERATION, NY; Roland A Paul, 363 E 76 NY; Thomas B Bardos, 16 W 88 - OF JESUS CHRIST -- ASSEMBLY Non-Prof- it. Mr. and Mrs. Dsvid B. Dalton 56402 SecTr- 56406 - OGDEN TARGET AREA, INC. 222 28 St, Ogd. Ruth Welkins, 1 45 Doxey, Ogd; Mary J Dean, 2560 Jefferson Av, ogd; A1 Gurule, 827 W Lake, Ogd; Clyde Blakley, 2324 Madison, Ogd; Lena White, 3223 Lincoln Av, Ogd. Mr. and Mrs. Richard O.Kerr 2959 So. 9150 West, Magna, N - LaVella pace Rt 2, - LaVella Pace, Rt 2, Idaho; Idaho; Idaho. 2591 Village Cl, son Mr. and Mrs. Allan Dens low, Jr 080 West, Granger 13.79 56400 - ES VALLEY WEST HOSPITAL Mr. and Mrs. Dale W. Conway Same; Tr- 12900 Lake Av, Norton W Rose, 22549 Shelburne, Ohio, Dr. and Mrs. Gerald Larsen 2532 Elm Ave, son 56399 Pearce Wilson, Sec-Jo- hn F Downe, Mr. and Mrs. Robert Sorbonna 517 11th East, son Mr. and Mrs. Gary Cox, 130 E. 7200 So. son Av, Roy Charlei I Rosmen, 19429 Scottodale Blvd, Ohio; V- P- IQ76 9th East, daughter Mr. and Mrs. David Candelaria 5UI Browning Ave, daughter Mr. and Mrs. Robert Blatnick 63U So. West Temple, daughter New COLE NATIONAL CORP. Norton Rose, 22549 Shelburne Rd, Ohio W PAGE In The Supreme Court Of The State Of Utah 175 S Main, SLC. Prea- - Dr. and Mrs. Carlos Belmonte Medical Plaza No.U of U,son Mr. and Mrs. Ellis Bryan ,295 E. 6710 So. daughter Mr. and Mrs. Alan Hansen UNIVERSITY - 56404 RKCORD DAILY ss are tactical advantages in recognizing the inevitable. A Complete Auto Air Conditioning ALL MAX 5 REPAIRED 364-536- 4 AAA Mobil Auto Radiator Shop COMPLETE RADIATOR SERVICE On Steven S. Renter On 200 Elga W. Qi H. 1200 On M. Ross-U- Renter Bill Melby-23- 5 On 100 On 500 alwaye easy for younger and less experienced lawyers on appeal to fall into the jailhouee lawyer habit of accusing competent lawyers of being E. incompetent. W. Habeas corpus is a civil matter, and the petitioner has the burden of convincing the court at hearing that heunlawfully restrained. The appellant failed to so convince the trial judge, and we should affirm if there ie competent evidence to sustain his ruling. z 3 Owner Maw On Maeser Mabey-15- 6 200 N. Owner Walter P. W. Holbrook-20- 0 E.' Renter Jack H. S. Craven-82- 0 Owner It mattered not whether the prisoner (appellant herein) and his counsel thought to gain favor by admitting the inevitable because the judge required testimony anyway. N. 10 S. Neslen-ll9- .2 S. Owner 100 N. 6 E. 500 Shutt-82- 0 E. N. The evidence amply supports the trial court in his finding that the appellant was represented at his criminal hearing by competent counsel. The judgment is affirmed. .2. DeVas v. Noble, 13 Utah 2d 133, 369 P.2d 290 (1962); Charlton v. Hackett, 11 Utah 2d 389, 360 P. 2d 176 (1961). THREE |
