State v. BadikyanAnnotate this Case
The Supreme Court affirmed the judgment of the court of appeals holding that it acted jurisdiction to hear Defendant's unpreserved claim on appeal, holding that Utah's Plea Withdrawal Statute, Utah Code 77-13-6, bars review of unpreserved claims raised as part of an appeal from the denial of a timely plea-withdrawal motion.
Defendant pled guilty to attempted murder. Before he was sentenced Defendant moved to withdraw his plea. The district court denied the motion. Defendant appealed this denial and raised a new challenge under the plain error exception to the preservation rule. The court of appeals concluded that it lacked jurisdiction to entertain Defendant's unpreserved claim. The Supreme Court affirmed, holding that that the Plea Withdrawal Statute bars appellate review of unpreserved claims raised as part of an appeal of a timely motion to withdraw a guilty plea.