State v. Ciccolelli, 445 P.3d 528

Police found Ciccolelli in his car after a welfare check; officers observed drug paraphernalia and recovered a stolen handgun; Ciccolelli admitted recent marijuana and opioid use and that he had been driving.
Charged with theft by receiving (reduced), possession of a firearm by a restricted person, DUI, and possession of drug paraphernalia; pleaded guilty to the first three charges on July 3, 2017; the fourth was dismissed.
At the plea hearing the court asked if he was "thinking clearly" and whether he was taking medication; Ciccolelli answered he was thinking clearly and not taking anything that would affect him.
Ciccolelli signed a written Plea Statement certifying that he was not under the influence and that he was of sound mind and understood the proceedings.
Within a month he moved to withdraw his guilty pleas, claiming he had been under the influence and not thinking clearly at the plea hearing; he presented no objective evidence of what drugs, when taken, or how they impaired him.
The district court denied the motion, crediting Ciccolelli’s on-the-record assurances at the plea and finding no indication of impairment; the court sentenced him to concurrent terms up to five years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ciccolelli’s guilty pleas were not knowing and voluntary because he was under the influence of drugs at the plea hearing	Ciccolelli argued he was still under the influence/withdrawing and therefore did not understand the plea and lacked competency to plead	State argued Ciccolelli affirmed on the record he was thinking clearly, signed a written certification of voluntariness, and presented no objective evidence of impairment	Court affirmed denial of withdrawal: defendant failed to meet burden to show his plea was not knowing/voluntary; court reasonably relied on his on-the-record assurances and lack of evidence of impairment

Oliver v. State, 147 P.3d 410 (Utah 2006) (a defendant’s assurance of a clear mind is admissible and courts must inquire further when the defendant confirms recent drug use)
State v. Beckstead, 140 P.3d 1288 (Utah 2006) (use of substances does not per se render a plea involuntary; courts may uphold pleas despite claimed intoxication)
State v. Alexander, 279 P.3d 371 (Utah 2012) (defendant bears burden to show lack of understanding of rights or charge to withdraw plea)
State v. Powell, 361 P.3d 143 (Utah Ct. App. 2015) (defendant’s uncorroborated assertions of impairment are insufficient to show plea was not knowing and voluntary)