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Show THE DAILY RECORD PAGE FOUR THURSDAY, APRIL 26, 1973 New In The Supreme Court Of The State Of Utah Kobert Hanks, Plaintiff-Appellan- JACKSON VAN WAGONER 356 Mry; Mark Reed Van Wagoner, 1541 E. 3080 S.SLC; Gayle L. Van Wagoner, 1541 E. 3080 S.- No. 13088 FILED April 11, v. Frank 368 Ronald S. Hardy etux to 1973 L. M. Cummings, Clerk nt CROCKETT, Justice: First Security Bank Security Title, $17,950 361; 59301 - SUBDIVISIONS INC., 400 E. Paso Gas Building SLC; William C. Hafeman, 4517 Bruce SLC; Wyona Hafeman, 4517 Bruce SLC; F. Wayne Ward, 3350 S. 7495 W. Mgna; 59303 - A. A. A. - ACTION INCORP. 2805 S. State St. SLC; Sler Van Komen, 2148 Texas St. SLC; Stphanle Van Komen, 2148 Texas The basis of his petition is that after the trial he was not advised his attorney or by the court that he had a right to appeal. The either by only evidence in support of his contention is his own testimony to that effect. As opposed thereto, his attorney, Mr. Van Wagenen, testified that he had a definite recollection of discussing with and advising petitioner of his right to appeal, but no desire to do so was expressed. St. Affirmed. No FILED Eugene Myers, Defendant and Appellant. 13, 1973 L. M. Cummings, Clerk 59304 - WOMAN'S WORLD SHOPS OF FASHION PLACE, INC. SLC; Albert W. 175 Brain First Seattle Krasnoff, WA; 59305 - SOUTHGATE TRAVEL, INC. 1800 S. State St. Orem; Ralph 0. Brown, 1800 S. State St. Ore Richard A. Schumts, 1800 S. Sta St. Orem; James P. Hanson, 1910 Lgn Ave SLC ; of American 372 ASSOCIATED SMELTERS W. 4th N. 511 Lynn E. Burr, 111 Joshua Hendrsn Nev; VP, Wrethel Spend 16ve , 148 N. Main LaVrkln; Sec, Wllllma T. Sorensen, 502 S. 9th St. Las Vegas Nev; INTERNATIONAL, HENRIOD, Justice; Pres, SLC; Appeal from a Juvenile Court conviction of contributing to the delinquency of a minor. Affirmed. At the behest of a mother, whose daughter had run away, a in motel where, police officers accompanied her to local after knocking on a door, they freely were admitted, finding defendant in the company of the daughter, and finding a bag of marijuana visible on a night-stan- d. Counsel was appointed who represented Myers at the preliminary hearing and during the first day of the trial, but where, on the second day, courael did not show. The reason for such failure very well could be that Myers, out on bail, did not show up at the trial at all. Myers was convicted in absentia. old on, Myers says 1) there was an unlawful search and seizure of evidence, inadmissible at the trial, - which we think to be without merit; 2) that trial in absentia violated his rights with which contention we disagree, where one voluntarily absents himselfand 3) that he was not represented by counsel at part of his trial, - which right he did not have at time of trial in a misdemeanor case, and had such right existed, hardly could he assert it when he not only flouted the authority of the court by his absence, but that of his bondsmen and counsel, - which Mr. Myers, counsel in his own right, realistically cannot press aB a point of prejudice here without succumbing to a charge of unassertable invited error. Harris v. U. S. . 88 S.Ct. 992, 390 U. S. 234, 19 L. Ed 2d 1067 (198) and cases cited therein. 2. Diaz v. U. S. , 32 S.Ct. 250, 223 U. S. 442 (1911). State v. Aikers, 87 Utah 507, 51 P. 2d 1052 (1935), where this court said that one out on bail has a duty as well as a right to appear, and if he doesn't he waives 59308 - JAMES G. FREEMAN Box 4 Duchesne; Pres, R. Mark R. Haddlesten etux to First Security Bank $17,150. 383 Alex Leroy Montoya etux to Prud. Fed. Sav, $26, 000. 390 Hewitt 397 Speck Construction to Heme Benefit Savings $22,500. A.W biting etux to BeneficialvFinance $8b00 W. Goodwill etal Ccmnerical Security Bank $7b,000. bl6 Wilford to b20 QMI Corporation to First Security State Bank $325,000. to b25 John Kim McRae etux Bettilyon Mortgage $22,950. b55 Stan Tolbert Const, to Prud Ibd Sav $3b,500. b62 David C. Thome etux to American Savings and Loan $b b68 6,000. Kelley G. Erickson etux Prud. Fed. Sav. $17,, 950. to ASSOC. b91 Foil Ivery etux to Ccamor wealth Mortgage $15,650. 1 Salt b9b Arthur G. Allred etux to Continental Bank $22, Lake City. 100. b98 W. McKenzie Box 925 Soldotna Alaska; VP, Raymond Bailey Wasslla Alaska; Sec -- Tress, E. F. McKenzie Box 925 Soldotns Bank $1 boo & INC. 8090 Oak Crk Dr. Sndy; Pres, James Gregory Freeman, 2235 Ralstn Ave. Hilsborough CA; VP, Diane Boggle, 26 Hawthrae Ave Sen Anselmo CA; Sec, Thomas Julius Anton, 7087 Rchmuth Way Sacramento CA; Treas, Ramzl Rafla Guirguia, 2910 Alameda de las Pulgas San Mateo CA; 59310 - GENERAL RIG MOVERS, to Stephen G. Britton .etux to First Security NY NY; i - . Lanfcert etux Security Bank S $17,150 S. Main 8000 Prkway La Mesa Ca; Jacob M. Peysen, 8000 Prkwy La Mesa CA; Richard A. Derham, 4200 Seattle Frat Natnl Bk Bldg 59307 mid-afterno- 370 SLC; 59306 - MCI LEASING INC. 143 S. Main St. SLC; Pres, William G. McGowan, 1150 17th St. N.W. Washington D.C. ; VP, Stanley B. Schelnman, 1301 Ave of Americas NY NY; Sec, John R. Worthington 1150 17th St. NW Washngtn D.C.; Tress, John M. Zrno, 1301 Ave No. 12733 April Ronald S . Hardy etux to First Security Bank $17, 950. ng The State of Utah, v. State St. Clawson etux Viele, $18, and 368 Searle, 2805 S. St. costs awarded. Plaintiff and Respondent, George H. M. 900. 37b The proceedings at the trial where the defendant was convicted are presumed to be proper; and the burden was upon the petitioner to show otherwise. It was the prerogative of the trial court to judge the credibility of the witnesses and to determine the facts. He was not obliged to believe the testimony of the petitioner; and he chose to believe the testimony of the attorney. See Brimhall v. Turner 28 Utah 321, 502 P. 2d 115; and Shad v. Turner, 27 Utah 2d 345, 496 P. 2d 263 (1972). This is not surprising when it is considered in the light of the total fact situation shown by the record, including that the petitioner had previously twice been convicted of felony. self-servi- SLC; Bradley to Miller SLC; Robert Hanks was found guilty of grand larceny by a jury in the Second District Court in Davis County on March 12, 1972, consequent to a trial in which he was represented by competent counsel, Alfred C. Van Wagenen. No appeal was taken and he was committed to the Utah State Prison. He filed this petition in habeas corpus seeking his release andor to be allowed to file an untimely appeal. Upon a trial the district court made findings adverse to his contentions and entered judgment thereon. He appeals. Papale etux to V. Bettilyon Mortgage $20,000. J. 360 SLC ; - LAN DEV CORP. 1343 S. 11th E. SLC; George William Glalttll, 4247 Camille Dr. SLC; Donna T. Glalttll, 4247 Camille Dr. SLC; Donnell E. Leavitt, 1327 Michigan Ave SLC; Chprry E Leavitt, 1327 Mlchingan Ave Credit Commercial Plan $b068. Salt Lake City 59300 John W. Turner, Warden, Utah State Prison, Ginas etux Russell A. to INCORP, 5586 Brockway St. Mry; Gary Gene Jackson, 5586 Brckway St. t, Defendant-Responde- - 59299 Trust Deeds Corporations Gerald Ray Hasp etux to Heme Benefit Savings $25,000. 500 Alaska; L. Clark Bird etux to United Savings and McGhle Land Title, $16,500. 1. LEASE A NEW COMET, MONTEGO, COUGAR, MONTEREY, MARK IV FROM DON RICHARDS LINCOLN-MERCUR- FINANCING STATEMENTS 445 - Joe L. Stwrt hh Royall, 1215 to Benefl Fin Co; SLC furn 4125 W. Co; hhg 446 - Dennis L. Martin, 1039 MacFarlnd SLC to benefl Fin furn Co; hh 449 - May 91 N. SL Bunker, 655 N. Highwy to Trlr Fin; equip 450 - Kvan Roberts, 4504 W. 5335 S. Krns to Frst Surety Fin of hhg it; 292 - James R. papas, 4763 to Bill Snape boat Cntr; boat palmr Dr. 295 SLC - Mathilda Deleyser, 1820 SLC to occrcl Crdt S. Main Co; 305 - Donna furn 311 - - Larry D. Reed, 5307 Charlotte, Krns to Katnl Fin 301 Co;stereo I Western Home Bulldrs, Inc 8340 Escalante Dr. Sndy to Frd Mtr Crdt Co; trctr 312 - Darwin B. Hunt, 651 N. 200 W. SLC to Frd Mtr Crdt Co; cmpr 365 S. - Club 39, 1140 E. 3900 to NGH Inc; persnl prop SLC - Ruben D. Stepanlan, 6709 Holw Dale Dr. SLC to Zions Frst Natnl Bk; monies 385 - Consolidated Petro Chemical, 2121 S. State SLC to Tracy Clns Bk & Trst Co; equip 392 - Robert A. Kunde, 1212 E. 500 S. SLC to Frd Mtr Crdt Co; cnsmr gds 393 - Robert L. Bailey, 1108 Harrlsn Ave SLC to Faclfc Fin; furn 369 - Mary Ann Bliss, 10155 Amaryllis Dr. Sndy to Drpr Bk 379 & 300 - Gary L. Miller, 195 W. Angelo Ave SLC to Amco Oil Co; secur agrmnt SLC Irst; 380 - Robert W. Telford, 926 N. 800 W. W Bntfl to Frmrs State Bk; 389 - Cox 444 S. 300 equip cattle Electronics Systems, W. SLC to MFT Leas; 394 - Marquarite Lake St. SLC to furn Salinas, 2207 paclfc Fin; 395 Betty E. Foster, P.O. Box 453 Bnrfl to paclfc Fin; boat . Y Y 391 - Moses G. Farmer Inc., 170 Trly Sqr SLC to MFT Leas; machn Nourse, 4950 S. to Frd Mtr Crdt MARQUIS, AND COUPONS (EXCEPT TIRES, ALIGNMENT, WHEEL BALANCES) HONORED AT ALL FORD AND LINCOLN-MERCURDEALERS THROUGH THE NATION. EXTENDED MAINTENANCE UP TO 40,000 MILES AT A SMALL NOMINAL COST ALSO. CONTINENTAL, RECEIVE FULL MAINTENANCE furn 398 - Cordell & Judy Wilcox, 1604 Charlene Dr. Bntfl to Mry Frst Thrft & Ln Co; furn HEMEMHER . . . VOLUME IS OUR BUSINESS AT DON RICHARDS OPEN TILL 9:30 WEEKDAYS (SUNDAYS 12-6- ) LINCOLN MERCURY CAPRI CALL BOB SVITAK RAY RUSSELL or 3469 SO. STATE PRESTON SLC 262-923- 7 LEE |