State v. Ferretti
263 P.3d 553
Utah Ct. App.2011Background
- Ferretti was charged with murder in Utah and pleaded guilty in a plea bargain (murder plea with obstruction dropped).
- Two signed documents at/around plea—Notice and Statement—conflicted on time to withdraw the plea (before sentencing vs within 30 days after sentencing).
- Rule 11 colloquy confirmed elements and rights; court asked about withdrawal timing but did not resolve conflict between documents.
- Ferretti stated at sentencing that he did not intend for Jarmon to die; court accepted the plea.
- At sentencing, Ferretti moved to withdraw the plea; counsel requested time to prepare a written motion, which the court initially allowed then required a good-faith basis to withdraw.
- Court ultimately denied the withdrawal motion, later leading to appellate review on whether Ferretti and counsel had a reasonable opportunity to prepare a written motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of withdrawal motion was an abuse of discretion | Ferretti | Ferretti lacked a valid basis; but due process required time to prepare | Yes; district court abused discretion by not allowing time to prepare a written motion |
| Whether Ferretti and counsel were deprived of due process by not allowing reasonable time to prepare | Ferretti | Counsel needed time after learning of withdrawal intent | Yes; remand for briefing/time to prepare written motion |
| Whether insisting on a personal articulation of grounds at the hearing violated due process | Ferretti | Counsel should present grounds on his behalf given short notice | Yes; improper to require immediate, personal articulation; remand for briefing |
Key Cases Cited
- McBride v. Utah State Bar, 2010 UT 60 (Utah Supreme Court 2010) (due process requires timely notice and meaningful opportunity to be heard)
- Plumb v. State, 809 P.2d 734 (Utah 1990) (opportunity to be heard before decision in withdrawal/plea context)
- State v. Alexander, 2009 UT App 188, 214 P.3d 889 (Utah App. 2009) (allows withdrawal where trial court did not ensure understanding of elements)
- State v. Beckstead, 2006 UT 42, 140 P.3d 1288 (Utah Supreme Court 2006) (abuse of discretion standard for withdrawal of guilty plea)