Utah Supreme Court
When does the thirty-day deadline begin for withdrawing a guilty plea in Utah? State v. McGee Explained
Summary
McGee pled guilty to attempted aggravated murder and other charges in 1995, was sentenced, then received a new sentencing hearing in 1998 pursuant to stipulation. Nineteen days after resentencing, he filed a motion to withdraw his guilty plea, which the district court dismissed as untimely.
Analysis
In State v. McGee, the Utah Supreme Court clarified a critical timing issue that affects every criminal defense attorney: when does the thirty-day deadline for withdrawing a guilty plea actually begin?
Background and Facts
McGee pled guilty to attempted aggravated murder and other charges in March 1995 and was immediately sentenced. Nearly three years later, pursuant to a stipulation with the State, he received a new sentencing hearing where he sought to reduce his first-degree felony conviction. After the court denied his request and resentenced him in February 1998, McGee filed a motion to withdraw his guilty plea nineteen days later. The district court dismissed the motion as untimely under Utah Code section 77-13-6(2)(b), which requires plea withdrawal motions to be filed “within 30 days after the entry of the plea.”
Key Legal Issues
The central issue was interpreting when the thirty-day limitation period begins under section 77-13-6(2)(b). Does “entry of the plea” refer to the plea colloquy or to the final judgment? The State argued the deadline was jurisdictional and ran from the original 1995 plea colloquy, making McGee’s 1998 motion untimely by years.
Court’s Analysis and Holding
The Utah Supreme Court reversed the dismissal, overruling State v. Price and establishing that the thirty-day limitation period runs from “the time the trial court enters a final judgment of conviction based on the plea.” Since the sentence constitutes the final judgment in criminal cases, McGee’s motion was timely—filed nineteen days after his February 1998 resentencing. The court affirmed the denial of McGee’s motion to reduce his felony conviction, finding no abuse of discretion in the sentencing court’s decision.
Practice Implications
This ruling provides crucial clarity for criminal practitioners. The thirty-day clock for plea withdrawals starts at sentencing, not at the plea hearing. Importantly, any resentencing restarts this thirty-day period, giving defendants a fresh opportunity to challenge their pleas. Defense attorneys should calendar carefully from sentencing dates and recognize that stipulated resentencing hearings may provide strategic opportunities for plea challenges.
Case Details
Case Name
State v. McGee
Citation
2001 UT 69
Court
Utah Supreme Court
Case Number
No. 980136
Date Decided
August 10, 2001
Outcome
Affirmed in part and Reversed in part
Holding
The thirty-day limitation period for withdrawing a guilty plea under Utah Code section 77-13-6(2)(b) begins running from the entry of final judgment, not from the plea colloquy.
Standard of Review
Correctness for statutory interpretation, affording no deference to the district court; abuse of discretion for sentencing decisions, with sentences set aside only if inherently unfair or clearly excessive
Practice Tip
When advising clients about plea withdrawals, remember that the thirty-day deadline runs from final judgment (sentencing), not from the plea colloquy, and any resentencing restarts this period.
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