State of Utah v. Bitterman

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State of Utah,
Plaintiff and Appellee,

v.

Mark Bitterman,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020212-CA

F I L E D
June 27, 2002 2002 UT App 225 -----

Second District, Ogden Department
The Honorable W. Brent West

Attorneys:
Mark Bitterman, Salt Lake City, Appellant Pro Se
Mark L. Shurtleff and Brett J. DelPorto, Salt Lake City for Appellee

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Before Judges Davis, Greenwood, and Orme.

PER CURIAM:

This case is before the court on its own motion for summary disposition for lack of jurisdiction. Appellant claims that he received ineffective assistance of counsel in pleading guilty to robbery, a second degree felony, because he was not told about the immigration ramifications of the plea. Further, he claims that the trial court failed to follow the requirements of rule 11(e) of the Utah Rules of Criminal Procedure in accepting the plea.

Appellant failed to file a motion to withdraw his plea in the trial court. The timely filing of that motion is necessary, not only to preserve the argument for appeal, but also to confer jurisdiction upon this court. See State v. Reyes, 2002 UT 13,¶3, 40 P.3d 630. Even an argument that the trial court committed plain error or that exceptional circumstances exist, cannot be argued on appeal if a timely motion to withdraw the plea was not filed in the trial court. See id. at ¶4. Because this court lacks jurisdiction to consider Appellant's claims, the appeal is dismissed. See id. at ¶5.
 
 

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James Z. Davis, Judge
 
 

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Pamela T. Greenwood, Judge
 
 

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Gregory K. Orme, Judge