State v. Millward
332 P.3d 400
Utah Ct. App.2014Background
- Millward appeals the denial of a motion to withdraw a plea in abeyance.
- There is no final judgment because a plea in abeyance is not a final adjudication.
- Utah law (Comer, Hunsaker, Moss) holds no direct appeal as of right from a plea in abeyance.
- Millward asks to overturn precedent; the court rejects this under stare decisis (Menzies).
- The court reiterates the plea in abeyance statute and that such orders may not be final judgments.
- Millward’s alternatives include interlocutory review, but rule-based timing bars relief, leading to dismissal without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a direct appeal as of right from a plea in abeyance? | Millward argues for appellate relief despite precedent. | State relies on Comer, Hunsaker, Moss that no direct appeal lies from a plea in abeyance. | No direct appeal as of right from a plea in abeyance. |
| Can precedent be overturned to permit this appeal? | Millward urges departure from weighty precedent. | Court defers to well-established rule and denies overturning precedent. | No departure from precedent; doctrine of stare decisis applies. |
| Can Millward obtain relief via interlocutory review or Rule 54(b) treatment? | Rule 5/54(b) may permit interlocutory review for non-final orders. | Rule 54(b) requirements and lack of finality/express directive apply; not met. | Interlocutory relief not available under rule 54(b); not satisfied here. |
| Is the appeal timely under Rule 5, making it jurisdictional? | Millward contends timely appeal should be allowed. | Appeal filed 30 days after the order; exceeds 20-day limit; jurisdictional defect. | The appeal is untimely; jurisdiction lacking. |
Key Cases Cited
- State v. Comer, 2002 UT App 219; 51 P.3d 55 (Utah Ct.App. 2002) (direct appeal cannot be taken from a plea in abeyance)
- State v. Hunsaker, 933 P.2d 415 (Utah Ct.App. 1997) (per curiam; precludes appeal from plea in abeyance)
- State v. Moss, 921 P.2d 1021 (Utah Ct.App. 1996) (plea in abeyance not final; appeal not as of right)
- State v. Gerrard, 584 P.2d 885 (Utah 1978) (criminal final judgment rule; sentence as final judgment)
- State v. Menzies, 889 P.2d 393 (Utah 1994) (stare decisis; burden to overturn precedent)
- Crump v. Crump, 821 P.2d 1172 (Utah Ct.App. 1991) (jurisdictional limits; void when subject-matter jurisdiction absent)
- Powell v. Cannon, 2008 UT 19; 179 P.3d 799 (Utah Supreme Court 2008) (timeliness is jurisdictional; 20-day rule governs interlocutory appeals)