Hall v. State of Utah

----ooOoo----

Robin Mark Hall,
Petitioner,

v.

State of Utah; and
Hank Galetka,
Warden, Utah State Prison,
Respondents.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000154-CA

F I L E D
June 15, 2000
  2000 UT App 184 -----

Eighth District, Vernal Department
The Honorable John R. Anderson

Attorneys:
Robin Mark Hall, Draper, Petitioner Pro Se

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Before Judges Bench, Davis, and Orme.

PER CURIAM:

Robin Mark Hall appeals from the dismissal of a petition for extraordinary writ.

Hall's petition constituted a challenge to his 1996 conviction of aggravated sexual abuse of a child and is governed by the Post-Conviction Remedies Act, Utah Code Ann. § 78-35a-101 et seq. (1996). Utah Code Ann. § 78-35a-106(1)(b) (1996) provides that "[a] person is not eligible for relief under this chapter upon any ground that was raised or addressed at trial or on appeal." Each substantive grounds raised in the petition was fully addressed by this court on direct appeal. See State v. Hall, 946 P.2d 712 (Utah Ct. App. 1997), cert. denied, No. 970537 (Utah Jan. 14, 1998).

Hall is not entitled to review of the identical claims raised and determined in his direct appeal based upon his assertion that case law decided after his direct appeal has addressed one issue raised on appeal. There is no support for a claim that the result on appeal would have been different. Hall established no basis that would remove this case from the operation of section 78-35a-106, which precludes adjudication of claims actually determined on appeal and claims that could have been raised on direct appeal. See Utah Code Ann. § 78-35a-106(1)(b), (c) (1996).

Accordingly, we affirm the district court's dismissal of the petition.
 
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge