State v. Pacheco
2016 UT App 19
| Utah Ct. App. | 2016Background
- Pacheco appeals the revocation of his probation and imposition of prison terms for burglary (2nd degree felony) and aggravated assault (3rd degree felony).
- District court accepted two admissions to probation violations after an OSC, determining voluntariness and waiving an evidentiary hearing with AP&P recommending revocation.
- Pacheco had pled guilty to burglary and aggravated assault in exchange for dismissal of other charges and a favorable sentencing recommendation including probation.
- While on probation, Pacheco assaulted Neighbor and failed to report the incident to his probation officer; AP&P concluded he had violated probation.
- At the hearing, defense counsel advised that Pacheco would admit two allegations in exchange for no further prosecutions; the court found willful violations and revoked probation with prison terms to run concurrently.
- Pacheco argues the waiver of the evidentiary hearing was not knowing or voluntary; the court analyzes plain error and affirms the revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the probation waiver was knowing and voluntary | Pacheco argues the colloquy failed to show understanding of rights and consequences | The court adequately informed and obtained voluntary admissions with counsel present | No plain error; waiver deemed knowing and voluntary; affirmed |
Key Cases Cited
- State v. Dunn, 850 P.2d 1201 (Utah 1993) (plain-error standard for unpreserved issues)
- State v. King, 131 P.3d 202 (Utah 2006) (plain-error framework in obviousness requirement)
- State v. Dean, 2004 UT 63 (Utah 2004) (clarifies when error is obvious; law must be clear at time of error)