State of Utah, v. Hodges Jr.

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State of Utah,
Plaintiff and Appellee,

v.

Bobby Beefcake Hodges Jr.,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990613-CA

F I L E D
April 4, 2002 2002 UT App 94 -----

Second District, Farmington Department
The Honorable Rodney S. Page

Attorneys:
Scott L. Wiggins, Salt Lake City, for Appellant
Mark Shurtleff and Kris C. Leonard, Salt Lake City, for Appellee

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Before Judges Bench, Orme, and Thorne.

PER CURIAM:

This case is before the court on the State's motion for summary disposition. Hodges pleaded guilty to robbery, a second degree felony. Hodges claims that he can demonstrate that his counsel was ineffective in not filing a motion to withdraw his plea. The State claims this court lacks jurisdiction over Hodges's claims, including ineffective assistance of counsel, because Hodges did not file a motion to withdraw his guilty plea in the trial court. See State v. Reyes, 2002 UT 13,¶3, 40 P.3d 630; State v. Melo, 2001 UT App 392,¶¶7-8, 40 P.3d 646. We agree. Failure to file a timely motion to withdraw the plea deprives us of jurisdiction and prevents us from being able to consider any legal claims, including ineffective assistance of counsel. SeeMelo, 2001 UT App 392 at ¶7. Hodges's remedy is post-conviction action rather than direct appeal.

For the reasons stated above, the State's motion for summary disposition is granted and the appeal is dismissed for lack of jurisdiction.
 
 

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Russell W. Bench, Judge
 
 

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Gregory K. Orme, Judge
 
 

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William A. Thorne Jr., Judge