State v. Knowlden
298 P.3d 691
Utah Ct. App.2013Background
- Knowlden appeals the district court's denial of his motion to withdraw pleas of no contest to two burglary counts and one attempted aggravated assault.
- The district court denied the motion and the court reviews such denial for abuse of discretion, with factual findings reviewed for clear error.
- Withdrawal of a guilty or no contest plea requires court leave and a showing the plea was not knowingly and voluntarily made.
- A plea is knowing and voluntary if the defendant understands the relevant circumstances and likely consequences, including waivers of constitutional protections and rights.
- Knowlden argued the pleas were not knowing or voluntary because he had a new attorney, new discovery that day, and insufficient time to confer, and because he wanted to delay sentencing.
- The court found rule 11 compliance, acknowledged Knowlden had time to speak with counsel, and held he understood the rights waived and the factual basis; the pleas were thus knowing and voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused discretion in denying withdrawal of pleas | Knowlden contends pleas were not knowing or voluntary due to counsel changes and new discovery. | Knowlden argues the pleas were involuntary and not knowingly made. | No abuse; pleas were knowing and voluntary. |
Key Cases Cited
- State v. Ferretti, 2011 UT App 321, 263 P.3d 553 (Utah App. 2011) (abuse-of-discretion standard for withdrawal of plea)
- State v. Benvenuto, 1999 UT 60, 983 P.2d 556 (Utah) (clear-error standard for district court findings)
- State v. Moa, 2012 UT 28, 282 P.3d 985 (Utah) (plea knowing and voluntary standard)
- State v. Alexander, 2012 UT 27, 279 P.3d 371 (Utah) (incomplete understanding defeats knowing plea)
- Henderson v. Morgan, 426 U.S. 637 (U.S. Supreme Court 1976) (involuntariness standards for waivers of rights)
- United States v. Isom, 85 F.3d 831 (1st Cir. 1996) (second thoughts alone insufficient to withdraw plea)
- Bradshaw v. Stump, 545 U.S. 175 (U.S. Supreme Court 2005) (plea must be made with awareness of consequences)