State v. Gardner

OPINION

BENCH, Presiding Judge:

James F. Gardner appeals his conviction of a single count of forgery on jurisdictional grounds. We affirm.

FACTS

On August 14, 1985, Gardner was convicted in state court of forgery, a second degree felony in violation of Utah Code Ann. § 76-6-501(3)(b) (1990). The evidence before the trial court indicated that Gardner negotiated a check belonging to his brother-in-law to Rebecca Neary in Roosevelt, Utah.1 Gardner was sentenced to serve from one to fifteen years at the Utah State Prison.

Almost four years later, Gardner petitioned the trial court for post conviction…