361 P.3d 143
Utah Ct. App.2015Background
- Powell pleaded guilty to six felonies pursuant to a plea bargain on June 3, 2014.
- At the plea hearing Powell denied being under the influence of drugs, medication, or alcohol and affirmed no mental or physical impairment; defense counsel likewise expressed no concern about Powell’s capacity.
- After sentencing Powell moved to withdraw his guilty pleas, claiming the pleas were not knowing and voluntary because he had been given benztropine and hydroxyzine the morning of the hearing.
- In support Powell submitted a jail medication log showing administration of those drugs, PDR printouts noting potential cognitive side effects, and an affidavit stating he believed he was still affected during the plea.
- The trial court denied the motion, finding Powell’s in-court assurances, counsel’s statements, and the lack of observable impairment outweighed the medication records and the self-serving affidavit.
- Powell appealed, arguing the court’s colloquy was too limited to assess impairment and that the court failed to adequately consider the jail and PDR records.
Issues
| Issue | Plaintiff's Argument (Powell) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether pleas were knowing and voluntary given possible medication impairment | Powell: medication taken that morning impaired his ability to understand and appreciate plea consequences | State: Powell denied impairment, counsel saw no issue, and court observed no signs of impairment; medication records only show potential effects | Court affirmed: no abuse of discretion; assurances and observations outweighed speculative evidence of impairment |
| Whether the court’s limited colloquy was inadequate to detect impairment | Powell: court needed more meaningful engagement to assess competence | State: no reason to suspect impairment; defendant denied use and appeared coherent | Court: no obligation to expand colloquy absent indicia of impairment; existing colloquy + counsel’s assurance sufficient |
| Whether medication records and PDR printouts constituted objective proof of impairment | Powell: records show he received drugs with impairing side effects | State: presence of medication alone does not prove actual impairment | Court: records only show potential effects; insufficient without objective evidence of actual impairment |
| Whether Powell’s affidavit established impairment warranting plea withdrawal | Powell: affidavit asserts he was unaware due to medications | State: affidavit is self-serving and general, lacking specifics about actual effects | Court: affidavit insufficient to overcome in-court statements and observations; denial upheld |
Key Cases Cited
- State v. Beckstead, 140 P.3d 1288 (Utah 2006) (standard of review for plea-withdrawal motions)
- Oliver v. State, 147 P.3d 410 (Utah 2006) (defendant must not be so impaired by drugs that he cannot understand charges, rights, or consequences)
- United States v. Malcolm, 432 F.2d 809 (2d Cir. 1970) (defining incapacity from intoxication for plea validity)