State v. Brown
300 P.3d 1289
Utah Ct. App.2013Background
- Brown pleaded guilty to one count of sodomy on a child (first degree) and two counts of sexual abuse of a child (second degree).
- Sentencing culminated in a signed judgment and sentence on March 31, 2011.
- Brown did not file a motion to withdraw his guilty pleas before sentence as required by Utah Code § 77-13-6(2)(b).
- On November 6, 2012 Brown filed a motion for misplea seeking sua sponte set aside of his guilty pleas.
- The district court declined to sua sponte set aside the pleas and stated it lacked jurisdiction absent such action.
- The appellate court held it lacked jurisdiction to review the validity of the guilty plea due to the untimely motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to challenge plea without timely withdrawal | Brown argues misplea should permit review despite timing rules. | State maintains lack of timely withdrawal forecloses review per statutory and case law. | We lack jurisdiction; timely withdrawal requirement controls. |
| Misplea doctrine circumventing jurisdictional limits | Misplea should bypass time limits to review plea validity. | Ott rejects using misplea to circumvent jurisdictional requirements. | Misplea cannot bypass jurisdictional limits; appeal dismissed for lack of jurisdiction. |
Key Cases Cited
- State v. Rhinehart, 167 P.3d 1046 (2007 UT 61) (jurisdictional time limits govern withdrawal of guilty pleas)
- Grimmett v. State, 152 P.3d 306 (2007 UT 11) (filing limitations are jurisdictional)
- State v. Ott, 247 P.3d 344 (2010 UT 1) (misplea cannot circumvent jurisdictional requirements; distinctions from Lopez)
- Lopez, 128 P.3d 1 (2005 UT App 496) (trial court may sua sponte set aside guilty plea before judgment)