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Harris v. State of Utah, Case No. 20000252-CA, Filed May 4, 2000

IN THE UTAH COURT OF APPEALS ----ooOoo---Troy Gordon Harris, Petitioner and Appellant, v. State of Utah, Respondent and Appellee. MEMORANDUM DECISION (Not For Official Publication) Case No. 20000252-CA FILED May 4, 2000

2000 UT App 132 ----Second District, Ogden Department The Honorable Michael D. Lyon Attorneys: Tom Jones, Salt Lake City, for Appellant ----Before Judges Bench, Billings, and Davis. PER CURIAM: Appellant appeals an order of the district court dismissing his petition for post-conviction relief.(1) We affirm. Appellant asserts that the district court erred in dismissing the petition as frivolous on its face without an evidentiary hearing. This procedure was proper pursuant to Utah Rule of Civil Procedure 65C(g)(1). Moreover, summary dismissal was appropriate, as the petition raises issues that were waived either when appellant pleaded guilty and failed to timely move to withdraw his guilty pleas, see State v. Price, 837 P.2d 578, 583 (Utah Ct. App. 1992) (stating court is without jurisdiction to entertain request to withdraw guilty plea where request is made more than thirty days after plea entered and defendant was advised of time limit), or by appellant's failure to raise the issues in a timely appeal from the underlying conviction. See Utah Code Ann.

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