Winward v. State
Annotate this Case
Download PDF
IN THE UTAH COURT OF APPEALS ----ooOoo---Shannon Glenn Winward, Petitioner and Appellant, v. State of Utah, Respondent and Appellee. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20090528-CA F I L E D (September 3, 2009) 2009 UT App 245 ----Third District, Salt Lake Department, 090906912 The Honorable Paul G. Maughan Attorneys: Grant W. Morrison, Salt Lake City, for Appellant ----- Before Judges Bench, Davis, and McHugh. PER CURIAM: Shannon Glenn Winward appeals the district court's order dismissing his petition for post-conviction relief. This matter is before the court on a motion for summary disposition. We reverse and remand. Winward was convicted of sexual abuse of a child and four counts of sodomy on a minor. Winward appealed his conviction to this court, and we affirmed. See State v. Winward, 941 P.2d 627, 636 (Utah Ct. App. 1997). The Utah Supreme Court denied his petition for a writ of certiorari on October 21, 1997. Thus, Winward's cause of action for filing his petition for postconviction relief accrued on October 21, 1997, which was the date of "the entry of the denial of the petition for writ of certiorari or the entry of the decision on the petition for certiorari review, if a petition for writ of certiorari is filed." Utah Code Ann. § 78B-9-107(2)(d) (2008). On April 27, 2009, conviction relief. The petition because it was of action accrued. See Winward filed his petition for postdistrict court summarily dismissed the not filed within one year after the cause id. § 78B-9-107(1). On appeal, Winward asserts that the district court did not comply with Utah Code section 78B-9-106(2). Utah Code section 78B-9-106(2) provides that "[a]ny court may raise a procedural bar or time bar on its own motion, provided that it gives the parties notice and an opportunity to be heard." Id. § 78B-9106(2). Because the record indicates that the district court raised the time bar, Winward was entitled to notice and an opportunity to be heard as to why he should be excused from filing a timely petition for post-conviction relief. Accordingly, the district court's order of dismissal is reversed. We remand this matter so the district court can afford Winward his notice and opportunity to be heard in accordance with Utah Code section 78B-9-106(2). ______________________________ Russell W. Bench, Judge ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge 20090528-CA 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
