Ogden City v. Jun

----ooOoo----

Ogden City,
Plaintiff and Appellee,

v.

Yung Bok Jun,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010492-CA

F I L E D
February 14, 2002 2002 UT App 45 -----

Second District, Ogden Department
The Honorable Ernest W. Jones

Attorneys:
Nathan N. Jardine, Salt Lake City, for Appellant
Michael S. Junk, Ogden, for Appellee -----

Before Judges Billings, Davis, and Thorne.

PER CURIAM:

This case is before the court on appeal of the trial court's denial of a motion to withdraw Appellant's guilty plea to furnishing tobacco to a minor, a class C misdemeanor. Appellant contends that the trial court failed to strictly follow the requirements of Rule 11(e) of the Utah Rules of Criminal Procedure in accepting the plea. Appellee concedes error in refusal to allow withdrawal of the plea. The trial court bears the burden of producing a record which establishes strict compliance with Rule 11(e) of the Utah Rules of Criminal procedure. See State v. Tarnawiecki, 2000 UT App 186,¶12, 5 P.3d 1222; State v. Penman, 964 P.2d 1157, 1160 (Utah Ct. App. 1998). Review of the record reveals that the trial court failed to strictly comply with several requirements of rule 11(e) of the Utah Rules of Criminal Procedure. Accordingly, Appellant's contentions and the Appellee's concession are supported by the record.

Therefore, we reverse the trial court's denial of Appellant's motion to withdraw his plea of guilty. Appellant's conviction and sentence are vacated. We remand for proceedings consistent with this ruling.
 
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 
 

______________________________
James Z. Davis, Judge
 
 
 

______________________________
William A. Thorne, Jr., Judge