State of Utah v. Wilson

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Patrick J. Wilson,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010106-CA

F I L E D
October 31, 2002 2002 UT App 360 -----

Fifth District, Cedar City Department
The Honorable J. Philip Eves

Attorneys:
J. Bryan Jackson, Cedar City, for Appellant
Mark L. Shurtleff and Jeffrey T. Colemere, Salt Lake City, for Appellee -----

Before Judges Bench, Davis, and Orme.

PER CURIAM:

Appellant Patrick J. Wilson appeals his convictions of Theft and Attempted Forcible Sexual Abuse, both third degree felonies. This case is before the court on a brief and supplemental brief filed by appointed counsel pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967) and State v. Clayton, 639 P.2d 168 (Utah 1981). After the Anders briefs were filed, the State filed a motion for summary dismissal for lack of jurisdiction based upon failure to file a timely motion to withdraw the guilty pleas in the district court.

Failure to file a timely motion to withdraw a guilty plea "extinguishes a defendant's right to challenge the validity of the guilty plea on appeal." State v. Reyes, 2002 UT 13,¶3, 40 P.3d 630. Wilson was represented by appointed counsel at all stages of this case. The trial court record does not contain any motion to withdraw the guilty pleas filed by Wilson's counsel. Because Wilson "did not move to withdraw his guilty plea within thirty days after the entry of the plea, we lack jurisdiction to address the issue on appeal." Id.

The Anders briefs address Wilson's claim that his trial counsel was ineffective in representing him in connection with the entry of the guilty pleas because Wilson claims he did not commit either offense. This court lacks jurisdiction to consider challenges to the validity of the guilty pleas including claims that a factual basis did not exist to support the guilty pleas or that the pleas were not voluntarily entered. Similarly, failure to file a timely motion to withdraw bars consideration of an ineffectiveness claim arising from entry of the guilty pleas. See State v. Tarnawiecki, 2000 UT App 186,¶19,n.7, 5 P.3d 1222.

We grant the State's motion to dismiss the appeal because this court lacks jurisdiction to consider any of the issues raised on appeal.
 
 

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Russell W. Bench, Judge
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
Gregory K. Orme, Judge