Can a defendant withdraw a guilty plea without an evidentiary hearing? State v. Person Explained

In State v. Person, the Utah Court of Appeals addressed whether a trial court must hold an evidentiary hearing before denying a motion to withdraw a guilty plea based on claims of ineffective assistance of counsel.

Background and Facts

Bryan Allen Person pleaded guilty to aggravated robbery after robbing Travis Mendoza at gunpoint in Ogden Canyon. During the robbery, a struggle ensued and the gun discharged, shooting Mendoza in the arm. Person fled in the victim’s vehicle and was apprehended after a brief chase. Before sentencing, Person sent a letter to the court claiming his attorney advised him incorrectly about consecutive sentencing and rushed him through the plea process. Defense counsel—the same attorney Person complained about—filed a motion to withdraw the plea without requesting an evidentiary hearing or appointment of new counsel.

Key Legal Issues

The court addressed two primary issues: (1) whether the trial court erred in denying the motion to withdraw without holding an evidentiary hearing or appointing new counsel, and (2) whether Person received ineffective assistance of counsel when his attorney failed to request such proceedings and presented no supporting evidence or argument.

Court’s Analysis and Holding

The Court of Appeals applied the doctrine of invited error, noting that defense counsel affirmatively indicated no objection to proceeding without a hearing or new counsel. Since Person raised these issues for the first time on appeal without arguing plain error or exceptional circumstances, the court declined to review them. Regarding the ineffective assistance claim, the court found Person failed to demonstrate prejudice under the Strickland standard, as he provided no insight into what information counsel could have presented that would have created a reasonable probability of success.

Practice Implications

This decision underscores the importance of preservation of error in plea withdrawal contexts. Practitioners must specifically request evidentiary hearings and appointment of conflict-free counsel when filing motions based on ineffective assistance claims. The ruling also demonstrates that conclusory allegations of attorney inadequacy, without specific factual support, are insufficient to establish grounds for plea withdrawal.