Does omitting the word 'speedy' from a rule 11 plea colloquy constitute plain error? State v. Hittle Explained

The Utah Supreme Court’s decision in State v. Hittle provides important guidance on what constitutes reversible error in rule 11 plea colloquies. The case clarifies when technical omissions during plea proceedings rise to the level of plain error requiring reversal.

Background and Facts
David Hittle was charged with two counts of criminal non-support and entered into a plea agreement for the misdemeanor charge. During the plea colloquy, the district court informed Hittle of his constitutional rights but omitted the word “speedy” when advising him of his right to “a speedy public trial before an impartial jury” as required by Utah Rule of Criminal Procedure 11(e)(3). The court simply stated he had the right to “a public trial before an impartial jury.” The plea affidavit also omitted the word “speedy.”

Key Legal Issues
The central issue was whether the district court’s failure to include the word “speedy” when reciting Hittle’s trial rights constituted plain error sufficient to render his guilty plea unknowing and involuntary under rule 11.

Court’s Analysis and Holding
The Utah Supreme Court reversed the court of appeals, holding that omitting the word “speedy” did not constitute plain error. The court applied its reasoning from the companion case State v. Dean, concluding that the error was neither obvious nor harmful. The court emphasized that strict compliance with rule 11 is required, but minor omissions do not automatically invalidate guilty pleas.

Practice Implications
This decision provides clarity for practitioners on the plain error standard in the context of plea colloquies. While courts must substantially comply with rule 11 requirements, not every technical deviation will result in reversal. Defense attorneys should preserve rule 11 challenges contemporaneously rather than relying on plain error review, as the standard for finding plain error remains demanding even for procedural violations.