Frausto v. State

RUSSON, Justice:

INTRODUCTION

Richard A. Frausto appeals from a district court order dismissing his petition for a writ of habeas corpus. The district court dismissed the petition on the ground that Frausto had failed to file his petition within the one-year statute of limitations period pursuant to Utah Code Ann. § 78-35a-107. We reverse and remand for further proceedings.

BACKGROUND

Frausto was convicted of murder in December of 1992 and sentenced to serve a prison term of five years to life and an additional period of one to five years as a firearm enhancement, such terms to run consecutively.

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