State v. Smith, 263 P.3d 1219

Smith pled guilty to one count of possession of a dangerous weapon by a restricted person in case XXXXXXXXX, with sentencing stipulated and to be served concurrently with another sentence.
The district court conducted a Rule 11 colloquy, confirmed Smith understood the plea, and informed him he could move to withdraw the plea before sentencing.
Smith was sentenced in XXXXXXXXX to zero to five years, consecutively to a longer sentence for aggravated robbery; the court credited time served as applicable to the concurrent part.
In the other case (assault by a prisoner), Smith was convicted by jury and sentenced concurrently with the aforementioned term but consecutively to the aggravated robbery sentence.
Smith expressly waived his right to appeal the assault-by-a-prisoner conviction as part of the plea bargain receiving favorable sentencing terms.
The State moved to dismiss the consolidated appeal on grounds of waiver and timeliness of a motion to withdraw the guilty plea; the court agreed and dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Smith may appeal the guilty plea conviction despite waiver	Smith argues waiver cannot bar appeal of guilty-plea issues	State asserts waiver and jurisdictional bar apply, to the extent of direct appeal	Waiver blocks direct appeals of the guilty-plea conviction; PCRA may be used for post-conviction relief
Whether the appeal from the assault-by-prisoner conviction is barred by waiver	Smith contends he did not knowingly waive the appeal rights	Smith expressly waived appeal rights in connection with the plea agreement	Smith knowingly waived his right to appeal the assault conviction; appeal dismissed
Whether the lack of a timely motion to withdraw the guilty plea deprives jurisdiction to pursue direct challenges to the plea	PCRA cannot operate as jurisdictional bar to direct appeal according to Smith	Timeliness controls; lack of motion to withdraw bars direct appeal	Direct appeal from the guilty-plea conviction is barred; any challenge must proceed under PCRA

State v. Rhinehart, 167 P.3d 1046 (2007 UT 61) (timeliness of withdrawal affects jurisdictional scope)
State v. Briggs, 147 P.3d 969 (2006 UT App 448) (ineffective assistance claims tied to pleas addressed through PCRA)
State v. Navarro, 243 P.3d 519 (2010 UT App 302) (PCRA pathway for plea-related challenges)
State v. Mortensen, 73 P.2d 562 (1903) (constitutional rights can be waived when knowingly and voluntarily waived)
Manning v. State, 122 P.3d 628 (2005 UT 61) (recognizes explicit waiver as extinguishing certain constitutional protections)