Martinez v. Smith

CROCKETT, Chief Justice:

Petitioner Joaquin Martinez appeals from the granting of State’s motion to dismiss his petition in habeas corpus which challenged his detention in the state prison resulting from his plea of guilty to second degree murder and aggravated assault. 1

Charges against petitioner arose out of an altercation at a home in Ogden wherein one Gary Osborn was stabbed to death. Petitioner was initially charged with first degree murder and aggravated kidnapping, 2 but following discussions between himself, respective counsel, and the court, the petitioner entered a plea of guilty to…