State v. Rettig, 2017 UT 83 (Nov. 22, 2017)
Nov 22, 2017
Under the Plea Withdrawal Statute, a defendant must move to withdraw his or her guilty plea prior to sentencing or pursue relief under the Post-Conviction Remedies Act. In this case, the defendant argued that the Plea Withdrawal Statute infringed upon his right to appeal a criminal case under the Utah Constitution. The supreme court held that the Plea Withdrawal Statute does not unconstitutionally foreclose a defendant’s right to appeal, because it merely set out procedural requirements for preserving a direct appeal of a motion to withdraw a guilty plea.