Hansard v. Galetka
Annotate this Case----ooOoo----
Bryan Nelson Hansard,
Petitioner and Appellant,
v.
Henry Galetka, Warden; et
al.,
Respondents and Appellees.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 20000358-CA
F I L E D
September 28, 2000
2000 UT App 267
-----
Third District, Salt Lake
Department
The Honorable Sandra N.
Peuler
Attorneys:
Bryan Nelson Hansard, Draper,
Appellant Pro Se
-----
Before Judges Jackson, Billings, and Orme.
PER CURIAM:
The trial court determined that Hansard's petition for extraordinary relief and related documents were frivolous because "[t]here is no short, plain and concise statement of the petitioner's claims, and the Court is not able to determine the claims the petitioner is asserting." We agree that Hansard's claims are frivolous, but for a different reason than articulated by the trial court. See State v. Short, 924 P.2d 354, 357 (Utah 1996) (allowing appellate court to affirm lower court on alternative grounds).
Hansard contests the authority
of the Board of Pardons to issue a warrant for a parole violation. However,
the Board has statutory authority to do just that:
Any member of the
board [of pardons] may issue a warrant based upon a certified warrant request
to a peace officer or other persons authorized to arrest, detain, and return
to actual custody a parolee, and may upon arrest or otherwise direct the
Department of Corrections to determine if there is probable cause to believe
that the parolee has violated the conditions of his parole.
Utah Code Ann. § 77-27-11(3)
(1999). Relying upon the "Warrant Request & Parole Violation Report,"
alleging that Hansard had violated several conditions of his parole including,
but not limited to, absconding, committing vehicle theft, and failing to
respond to a police officer, the Board of Pardons properly issued a warrant
for Hansard's arrest.
Moreover, once a parole violation has been found, as it was here, the Board has the authority to order that Hansard be returned to prison.
The trial court's order is
affirmed.
______________________________
Norman H. Jackson,
Associate Presiding Judge
______________________________
Judith M. Billings, Judge
______________________________
Gregory K. Orme, Judge
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