Hafner v. Leapley

SABERS, Justice.

Richard Hafner appeals an order quashing a writ of habeas corpus. We affirm.

FACTS

Pursuant to a plea bargain, Hafner pled guilty to one count of second degree rape. *253We will not detail the facts underlying the rape conviction because they are not pertinent to the issues on appeal. In return for Hafner’s guilty plea, the prosecution agreed to dismiss numerous other rape charges.

On March 16, 1989, Judge Robert Timm sentenced Hafner to thirteen years in the penitentiary. On September 5, 1989, Hafner filed a “Petition for Modification of Sentence” in which he requested a suspension…