Jessup v. State of Utah

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Jessup v. State of Utah, Case No. 20000471-CA, Filed March 15, 2001 IN THE UTAH COURT OF APPEALS

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Jack A. Jessup,
Petitioner and Appellant,

v.

State of Utah;
and Henry Galetka, Warden,
Respondents and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000471-CA
F I L E D
March 15, 2001 2001 UT App 84 -----

Fourth District, Provo Department
The Honorable Lynn W. Davis

Attorney:
Jack A. Jessup, Draper, Appellant Pro Se

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Before Judges Jackson, Bench, and Davis.

PER CURIAM:

The case is before the court on sua sponte motion for summary disposition. Appellant challenges the trial court's denial of his motion to correct an illegal sentence.

The trial court construed appellant's motion as a petition for post-conviction relief and dismissed it because appellant challenged the legality of his consecutive sentences in his 1994 petition for extraordinary relief. We find no error in the dismissal. "[O]nce-litigated claims with no showing of unusual circumstances or good cause . . . should be summarily denied." Hurst v. Cook, 777 P.2d 1029, 1037 (Utah 1989) (citations omitted); see also State v. Clark, 913 P.2d 360, 362 (Utah Ct. App. 1996).

Accordingly, we summarily affirm the trial court's denial of the motion.
 
 

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Norman H. Jackson,
Associate Presiding Judge
 
 
 

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Russell W. Bench, Judge
 
 
 

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James Z. Davis, Judge