Utah Court of Appeals
Can defendants orally move to withdraw guilty pleas at sentencing? State v. Peterson Explained
Summary
Peterson pleaded guilty to assault by a prisoner and sought to withdraw his plea at sentencing after reviewing the presentence report. The district court denied the motion, ruling that Peterson had waived his right by not filing a written motion prior to the sentencing hearing.
Analysis
In State v. Peterson, the Utah Court of Appeals clarified important procedural requirements for withdrawing guilty pleas, resolving confusion about timing and format requirements that can trap unwary defendants and counsel.
Background and Facts
Charles Brandon Peterson pleaded guilty to assault by a prisoner, a third-degree felony. At the change of plea hearing, the district court instructed Peterson that any motion to withdraw his guilty plea must be filed in writing prior to sentencing. When Peterson’s counsel attempted to make an oral motion to withdraw at the sentencing hearing after reviewing the presentence investigation report, the district court denied the motion, ruling that Peterson had waived his right by failing to file a written motion beforehand.
Key Legal Issues
The central issue was whether Utah Code section 77-13-6(2)(b) requires motions to withdraw guilty pleas to be filed in writing before sentencing hearings begin, or whether oral motions at the hearing satisfy the statutory requirements.
Court’s Analysis and Holding
The Court of Appeals reversed in a stipulated summary reversal. The court analyzed the plain language of section 77-13-6(2)(b), which requires motions to withdraw guilty pleas to be made “before sentence is announced” but contains no written filing requirement. The court also examined Rule 12(a) of the Utah Rules of Criminal Procedure, which permits oral motions “during a trial or hearing.” The court concluded that Peterson’s oral motion was both properly made and timely under the statute.
Practice Implications
This decision provides important guidance for criminal practitioners. Defense counsel can make oral motions to withdraw guilty pleas at sentencing hearings without prior written filings, provided the motion occurs before sentence announcement. Trial courts should either consider such oral motions on their merits or continue sentencing to allow written motion filing if preferred. The decision protects defendants’ rights while maintaining procedural clarity for practitioners.
Case Details
Case Name
State v. Peterson
Citation
2008 UT App 304
Court
Utah Court of Appeals
Case Number
No. 20080115-CA
Date Decided
August 14, 2008
Outcome
Reversed
Holding
A motion to withdraw a guilty plea may be made orally at the sentencing hearing before the sentence is announced, and need not be filed in writing beforehand unless made outside of a hearing.
Standard of Review
Statutory interpretation reviewed for correctness
Practice Tip
When representing clients who may want to withdraw guilty pleas, remember that oral motions are permitted at hearings under Rule 12(a), and the statutory deadline is before sentence announcement, not before the hearing begins.
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