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Show FRIDAY, OCTOBER 20, 1972 THE DAILY RECORD FOUR PAGE In The Supreme Court Of The State Of Utah Roy Erwin No. 12882 Price, Plaintiff and Appellant, FILED October 16, 1972 V. John W. Turner, Warden, Utah State Prison, Defendant and Respondent; No. 12755 The State of Utah, Plaintiff and Respondent, v. Samuel Lee Simmons, Defendant and Appellant. , L. M. Cummings, FILED October 16, 1972 Clerk . . L. M. HENRIOD. Justice; CROCKETT. Justice: Appeal from a grand larceny jury trial conviction. Roy Erwin Price, who is serving a term in the Utah State Prison, for issuing bad checks, sought release in habeas corpus proceedings in the District Court of Salt Lake County. After a hearing, the court found against hnn and denied his petition. He appeals. As to 1): Where an accused testifies he may be Utah Code Annotated 1953), and any as any other witness (Title U. under A. C. other witness 1953, "must answer as to the fact " of his previous conviction of felony. State v. Harless, 23 Utah 2d 128, 459 P. 2d 210 (1969), discusses both statutes, does not confine the rule to but one felony, as was suggested by this writer in State v. Kazda, 14 Utah 2d 266, 382 P.2d 407 (1963), - so Harless is dispositive here along with the cross-examin- 77-44- 78-24- on, on the charge for which he is now serving the District Court in Provo. He was repretime on October 22, 1969, in sented by counsel with whom he was given an additional week to confer be- Plaintiff was arraigned Kazda fore entering his plea. It appears that the petitioner had previously been involved as a defendant in numerous other criminal proceedings, and that he had been convicted and served tune on two other bad check charges; and that because of the possibility of a habitual criminal charge, that upon conferring with his counsel, he entered a plea of guilty, and the habitual criminal charge was not pressed. -5, -9, "felony" inquired into turned out to be a This fact was pointed out and corrected by the court, after having been volunteered by the defendant. We see no prejudicial error under such circumstances. As to 2): The misdemeanor, on so-call- ed cross-examinatio- n. Mortgages n-- petitioner's 2482 241 Aired K. Newman etix to City Finance. $16920. 00. 258 1 459 Lester K. Rich etux to Dial Finance. $7020.00. Max T. Gomez etux to Dial Finance. $4416.00 260 assertions. ng ed case. After one has been convicted oi crime the presumption of innocence and other protections afforded an accused ' longer obtain. The presumptions then are in favor of the propriety oi the proceedings and the judgment; and Our view is that the burden of showing to the contrary is upon the. plaintiff. in order to insure fair treatment of persons accused of crime it is necessary and proper to scrutinize more carefully the record of proceedings where the accused does not have an attorney than where he has a competent lawyer to advise with and represent him as this petitioner did. Inasmuch as the plaintiff had this advantage, and conferred with his attorney concerning his rights and the advisability of the proper course of action, it seems safe enough to could eas onably infer, that the plaintiff was aware assume, and the fact-trithe This is especially so in the instant case where of his rights under law, it is shown that the defendant had previously been involved and convicted on other charges. Petitioner seems to ignore the fact that it is the prerogative of the trial judge to find the facts and that he is not obliged to believe the self-servi- Affirmed. Simmons says the court erred 1) in requiring him to answer questions about a previos felony conviction not involving dishonesty or false statement, and 2) in allowing the prosecutor to question him about another felony conviction where there was no evidence thereof. The contention of the petitioner is that the record does not affirmatively show that when he entered his plea of guilty on October 29, 1969, in the District Court in Provo, that it was knowingly and intelligently entered, nor that he was macle aware of his constitutional rights; against to be confronted by his accusers, and to a jury trial. er Cummings, Clerk Warren D. Fellows etux to Dial Finance. $5088.00. On the basis of the record it appears that there is adequate justification therein for the findings of the district court which include: that the petitioner knew the nature of the charge against him, his legal rights in regard thereto, and the consequences of entering his plea of guilty. These findings amply support the trial court's conclusion that petitioner's conviction of the tniric charged and his confinement in prison was not unlawful. 263 Guy f. Brunette etux to Spartan Acceptance $18006. 00. 264 Primitvio Aguilers etux to Pxud. Fed. Sav. $5320.80. find without merit plaint) f" i int. ntion that error was committed by admitting in evidence his criminal record on the ground that it was hearsay. such records kept in the regular In this proceeding, which is civil in t. a line. course of their prescribed duties by an agorn y of government are competent evidence,' and it was relevant to tin- issue raised by the plaintiff as to his lack of knowledge of his rights in criminal proceedings. We 265 Richard L. Cromar etux to Prud. Fed. Sav. $3394.20. 266 Tom S. Korologos etux to Prud. Fed. Sav. $4534.20. 273 Ivan J. Anderson etux to Joseph J. Banks etux. $8000. 1 - Affirmed. No costs awarded. 1. See Moore v. Michigan. i5!) U. S. l1?, 78 S. Ct. 191, 2 L. Ed. 2d 1 67 ; Johnson v. Zeilist, 304 U. S. 458, 5S S. Ct. 10)9, 82 L. Ed, 1461; Larrabee v. Turner, l- L'tah 2d 24b, 4K0 lb 2d H l''7lj, 2. We say this in awareness of Alabama, 395 U. ?, 238, 80 S. Ct. 170 l,n h, relied on by petitioner . ann see also Johnson v. Turner, 24 Utah t I ( Brent M. Cederlof etux to Bernard P. Brockbank etux. $5000.00. A, L. R. 814 and author- - 275 (Sept. 1972). and 71, is adtiiLssible under Cf. also Rule 6(16), Rules of John L. Skeen etux to Bernard P. Brock-ban- k etux. $8000. 00. 303 Joseph S. Tate etux to Deseret Fed. Sav. $830.99. 304 Mike J. Engstrom etux to Deseret Fed. Sav. $2861.76. 305 Wesley C. Larsen etux to Deseret Fed. Sav. $1456,92. 306 Deloy C. Densley etux to Deseret Fed. Sav. $5289.60. 309 Thomas A. Curdie etux to Deseret Fed. Sav. $6228. 00. 310 Sidney S. Williams etux to Deseret Fed. Sav. $5630.40. 311 H. Lee Carter etux to Deseret Fed. Sav. $7800.96. 312 Harold R, Sorenson etux to Deseret Fed. Sav. $4957. 20. 313 John W. Phillips etux to Deseret Fed. Sav. $821.24. I 2d 43b 47 3. See Xic lndust. 4 i Cum-:- - p. 2d 901 (14701. Wall. 122 Utah ob ! :. . 78 Ne v . 25, 4nS lb ft 24 I. 1, 2d 7r-.4- ; S ( 4. ' 2:1 iie. I 77-59-- 78-25-- Heidtr.ian v. Nevada 415; and see ihe re Hathaway v. Turner, 27 1'tah 2d Sucii a iviumI, kept pur earn; tu 3fc.b, 77-5Sms. U. C. A. 145 4. and ll lc 274 8 lb 2d 9-j 3, l.'tah. Tax Liens Business Licenses fell Cufe .fittingly, Howard 701 V.-s- t L Lavern North Temple. Famished Sam's LconElmer State Street 923 South Restaurant. Dependable Rapid Delivery David Despain, Lawrence Dale Jackson h Russell R. Sanderson Delivery Ser. for Florist. Lanseair Travel Agency, Inc 1836 West North Temple Travel Agency. Martin I. Shaffer Wedding Plumbing - Heating 1449 Indiana Avenue. Claire A. Mohan Home Occu pution 532 Grant Street Accounting. Karl J, Bray Sovereign Silver Co. 467 East 300 South Marketing Precious Metals 2483 608 2484 749 Perry Demolition Co. Enviornment West 223 Trolley Square MA: Enviorr mental West division of Milo Baugh man Design, Inc, 381 East Center Street Provo, Utah. Gifts and Jnc. Re finis hinr and Woodwork, Investment Enterprise. 751 Robert S. Withers. Centaur Securities. 863 957 Wilma C. Gregory. 970 Robert B. Vance etux. 098 170 Pres. st 750 etux. Clothings. 1987 So utli 11th E Drive In ee 2485 026 Maurice E. Crimm The Orange Caboose Frank J. Kikel, Owner 628 South State. Ellis II. Pedersen, Ellis II. Pedersen, Biz-E-B- Cafe. Kenneth Perry 2224 South Sixth East Boutique-Reta- il James II. Lee etal. Warren Millis Trucking, Dale W. Berlin. Chal-- Inc. 236 o Components Continental Associated Industries. I i 768-770Sa- me as 762. |