Straley v. Galetka

----ooOoo----

Robert Dale Straley,
Petitioner and Appellant,

v.

Hank Galetka, Warden,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 991058-CA

F I L E D
February 17, 2000
  2000 UT App 46 -----

Seventh District, Price Department
The Honorable Bryce K. Bryner

Attorneys:
Robert Dale Straley, Draper, Appellant Pro Se
Jan Graham and Erin Riley, Salt Lake City, for Appellee -----

Before Judges Greenwood, Jackson, and Billings.

PER CURIAM:

A person is not eligible for post-conviction relief upon any ground that "could have been but was not raised at trial or on appeal" and "was raised or addressed in any previous request for post-conviction relief or could have been, but was not, raised in a previous request for post-conviction relief." Utah Code Ann. § 78-35a-106(1)(c), (d) (1996). Straley does not explain why he did not raise his concerns about the presentence report by direct appeal. Even if Straley had a reasonable explanation for not filing a direct appeal, he cannot overcome the statutory prohibition against successive petitions for post-conviction relief. Straley could or should have addressed his concerns about the presentence report in his first petition for post-conviction relief. His failure to do so has proved fatal.

The trial court is affirmed.
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 

______________________________
Judith M. Billings, Judge