Helmuth v. Morris

CROCKETT, Chief Justice:

Petitioner Mark George Helmuth appeals to overturn a judgment of the district court which rejected his petition in habeas corpus challenging his sentence of a term in the state prison for conviction of a felony under 58 — 37—8(4)(a)(iii), U.C.A.1953, of the “Utah Controlled Substances Act.” The Act provides:

It shall be unlawful for any person to make any false or forged prescription or written order for a controlled substance, or to utter the same . . . . 1

He contends that he was entitled to be sentenced only for a misdemeanor under 76-6-501(l)(b) of the criminal code…