Dayton J. Belgarde v. John W. Turner, Warden, Utah State Prison

This is an appeal from an order of the United States District Court for the District of Utah, Central Division, conditionally granting a writ of habeas corpus freeing Belgarde, a state prisoner, from the custody of the appellant warden. Appellee was incarcerated pursuant to a sentence imposed by the state court after entry of a plea of guilty to second-degree (nighttime) burglary. The premise of the trial court’s order was a finding that appellee had not voluntarily entered his plea with an understanding of the nature of the charge. See Berryhill v. Page, 10 Cir., 349 F.2d 984. Appellant…