Gonzales v. Morris

STEWART, Justice:

This appeal is from a dismissal by the district court of plaintiff’s petition for a writ of habeas corpus. We affirm.

Plaintiff pleaded guilty to a charge of second-degree burglary in violation of § 76-9-3, Utah Code Ann. (1953). He was sentenced to a term of one to twenty years in the Utah State Prison pursuant to § 76-9 — 4. In January 1979 plaintiff petitioned the district court for a writ of habeas corpus. He argued that he was illegally restrained because the Legislature, in amending the burglary provisions of the Utah Code in 1969, repealed the penalty provisions by…