State of Utah v. Affholter

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State of Utah,
Plaintiff and Appellee,

v.

Jeffrey Affholter,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 971660-CA

F I L E D
October 19, 2000 2000 UT App 287 -----

First District, Logan Department
The Honorable Clint S. Judkins

Attorneys:
A.W. Lauritzen, Logan, for Appellant
Jan Graham and Kris C. Leonard, Salt Lake City, for Appellee

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Before Judges Greenwood, Davis, and Thorne.

PER CURIAM:

Appellant Jeffrey Affholter appeals the denial of his motion to withdraw his guilty pleas. We affirm.

It is undisputed that the trial court advised Affholter of the thirty-day time limit to move to withdraw his guilty pleas under Utah Code Ann. § 77-13-6 (1999). When a defendant is advised of the time limit, failure to file a timely motion to withdraw deprives the trial court of jurisdiction to consider the motion. See State v. Price, 837 P.2d 578, 583 (Utah Ct. App. 1992). "We are constrained by principles of stare decisis to apply Price to the facts of this case." State v. Tarnawiecki, 2000 UT App 186,¶10, 397 Utah Adv. Rep. 13 (citations omitted); see also State v. Ostler, 2000 UT App 28,¶7, 996 P.2d 1065. The trial court did not err in concluding the claimed motion, filed fifty-five days after entry of the guilty pleas, was untimely and the trial court lacked jurisdiction to consider its merits.

Despite the untimely motion to withdraw, Affholter asks this court to allow him to withdraw the guilty pleas based solely upon his dissatisfaction with the sentence imposed by the trial court. He makes no argument that the trial court committed plain error in accepting his guilty pleas and concedes that the court fully complied with Rule 11 of the Utah Rules of Appellate Procedure. Absent a demonstration that the trial court committed plain error or that exceptional circumstances exist, Affholter's contention is without merit. See Tarnawiecki, 2000 UT App 186 at ¶11 (concluding appellate court may consider arguments in an untimely motion to withdraw guilty plea if defendant demonstrates plain error occurred or exceptional circumstances exist).

Affirmed.
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 
 

______________________________
William A. Thorne, Jr., Judge