State v. Nielsen, 2011 UT App 211

Nielsen appeals the trial court's order denying his motion to withdraw guilty pleas in two cases.
Nielsen contends the pleas were not voluntary because of his mental illness.
The trial court held a two-day evidentiary hearing on the motion to withdraw.
The court found Nielsen's pleas were voluntary, citing therapist testimony, Nielsen's own statements, and the plea hearing recording.
On appeal, Nielsen challenges voluntariness and also argues the record is inadequate to review the trial court's findings.
This court affirms, finding no abuse of discretion in denying the motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the pleas were voluntary	Nielsen argues mental illness rendered pleas involuntary.	State contends pleas were voluntary based on the evidentiary record.	No abuse of discretion; pleas voluntary.
Adequacy of the appellate record for review	Nielsen asserts the record is incomplete, preventing review of findings.	State notes missing second-day transcript; appellate record sufficient for review under standards.	Record incomplete; review limited due to missing transcript; cannot review certain findings, but affirmance stands.

State v. Beckstead, 140 P.3d 1288 (Utah 2006) (abuse of discretion standard for motions to withdraw guilty pleas)
State v. Penman, 964 P.2d 1157 (Utah Ct. App. 1998) (adequacy of record on appeal)
State v. Pritchett, 69 P.3d 1278 (Utah 2003) (presumption of regularity when record is incomplete)
State v. Thomas, 961 P.2d 299 (Utah 1998) (adequacy of briefing and issues presentation)