State v. Cline, 397 P.3d 652

In March 2015 Cline, while on probation, sent nude photos of his ex-wife to her mother and to his own mother; State charged unlawful distribution of an intimate image (class A misdemeanor).
In November 2015 Cline pleaded guilty (with counsel and signed plea affidavit) to attempted unlawful distribution of an intimate image (class B misdemeanor).
Between plea and sentencing Cline pleaded guilty to separate criminal trespass and stalking charges arising from conduct toward a former neighbor.
At sentencing the court considered aggravating factors: criminal history including probation violations, prior disregard for court orders, victim’s fear, recent reoffending while on pretrial release, and possible substance abuse.
The court also noted mitigating factors: counsel’s recommendation for mental-health treatment, misdemeanors-only record, child-visitation ability, and Cline’s claims of prior negative drug tests and promised employment.
The court imposed 180 days’ jail (later reduced to 140 days) and 24 months’ probation; Cline appealed the sentence and sought to withdraw his guilty plea on appeal.

Issue	Cline's Argument	State's Argument	Held
Whether the district court abused its discretion in sentencing	Court failed to adequately consider Cline’s character, attitude, and rehabilitative needs; improper weighting of mitigation	Court considered all relevant factors and permissibly weighed aggravators more heavily given safety and compliance concerns	No abuse of discretion; sentence affirmed
Whether Cline may withdraw his guilty plea on appeal without a pre-sentence motion	Plea was not knowingly and voluntarily made despite signed affidavit	Cline did not move to withdraw plea before sentencing and therefore failed to preserve the claim	Appeal court lacked jurisdiction to consider plea-withdrawal claim because no timely pre-sentence motion was made; claim dismissed

State v. Valdovinos, 82 P.3d 1167 (Utah Ct. App. 2003) (standard of review for sentencing abuse of discretion)
State v. Killpack, 191 P.3d 17 (Utah 2008) (trial court must consider legally relevant sentencing factors; single factor may outweigh several others)
State v. Nuttall, 861 P.2d 454 (Utah Ct. App. 1993) (enumeration of sentencing purposes: public safety, punishment, deterrence, incapacitation, restitution, rehabilitation)
State v. Rhodes, 818 P.2d 1048 (Utah Ct. App. 1991) (probation may be granted when it serves ends of justice and public interest)
State v. Sibert, 310 P.2d 388 (Utah 1957) (probation decisions implicate intangibles of character and attitude)
State v. Smith, 263 P.3d 1219 (Utah Ct. App. 2011) (appellate jurisdiction limited when defendant fails to timely move to withdraw plea)
Gailey v. State, 379 P.3d 1278 (Utah 2016) (reaffirming that post-sentence plea-withdrawal must proceed via postconviction remedies)