Rhinehart v. State

MEMORANDUM DECISION

DAVIS, Judge:

T1 Tamra Rhinehart appeals from the summary dismissal of her Petition for Writ of Habeas Corpus and Post-Conviction Relief (the Petition). Rhinehart argues that the trial court erred by converting the State's Motion to Dismiss the Petition into a motion for summary judgment and by then granting summary judgment in favor of the State. We affirm.

I. Conversion of a Motion To Dismiss to a Motion for Summary Judgment

12 Because Rhinehart did not preserve this issue for appeal, she seeks review under the plain error standard. See generalty State v. Holgate, 2000 UT…