State v. FloraAnnotate this Case
The Supreme Court dismissed Appellant's appeal, in which Appellant raised two new arguments, from the district court's denial of his motion to withdraw his plea under Utah Code 77-13-6, the Plea Withdrawal Statute, holding that the Plea Withdrawal Statute prohibited this Court from considering Appellant's unpreserved arguments.
Appellant pled guilty to felony driving under the influence. Before sentencing, Appellant moved to withdraw his plea. The district court denied the motion. Appellant appealed and raised two new arguments under the plain error and ineffective assistance of counsel exceptions to the preservation rule. The court of appeals certified the case to the Supreme Court for original appellate review. The Supreme Court held (1) the Plea Withdrawal Statute prevents this Court from considering Appellant's unpreserved arguments; and (2) defendants may not rely on preservation exceptions when appealing the denial of a motion to withdraw a guilty plea.