State v. Smith
306 P.3d 810
Utah Ct. App.2013Background
- Smith was found with crystal methamphetamine in his bedroom; both he and his wife admitted to using meth.
- DCFS took custody of the couple’s two children amid ongoing investigation.
- Smith pled guilty to a second degree felony; Wife pled guilty to a class A misdemeanor under a joint plea agreement.
- The preliminary hearing was scheduled but Smith’s counsel and the court discussed his plea without ensuring Smith waived a preliminary hearing.
- Smith later claimed ineffective joint representation and moved to withdraw the guilty plea, arguing lack of proper bindover and other issues; he eventually proceeded to sentencing.
- The district court sentenced Smith; Smith appealed on grounds including lack of bindover and jurisdiction to accept the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of bindover deprives court of jurisdiction to accept a guilty plea | Smith asserts bindover is required for jurisdiction. | State contends bindover is waivable and otherwise nonjurisdictional. | Lack of bindover is jurisdictional; plea void and remand. |
| Whether the plea was valid despite the missing bindover | Smith argues plea invalid due to lack of binding and waiver. | State argues waiver and post-plea remedies apply; plea valid if bindover not required. | Plea invalid; jurisdiction defective for lack of bindover. |
| Whether other claimed pre-plea defects (information, conflict of interest) are reviewable | Smith contends defective information and conflict deprived counsel of effective representation. | State argues can review only through post-conviction relief or waiver rules. | Not necessary to resolve given bindover defect; some issues deemed waivable. |
Key Cases Cited
- State v. Nicholls, 2006 UT 76 (Utah) (subject-matter jurisdiction reviewed for correctness)
- Rhinehart, 2007 UT 61 (Utah) (guilty-plea challenges waive nonjurisdictional defects)
- Ott, 2010 UT 1 (Utah) (bindover and jurisdictional precepts in criminal cases)
- Humphrey, 823 P.2d 464 (Utah 1991) (district court lacks jurisdiction absent bindover after preliminary proceedings)
- Canfield, 917 P.2d 561 (Utah Ct. App. 1996) (pre-plea defects waived by entry of guilty plea in some contexts)
- TBD - Todd, 2004 UT App 266 (Utah) (subject matter jurisdiction and appeal timing considerations)
- Myers v. State, 2004 UT 31 (Utah) (jurisdictional and procedural limits in criminal cases)
- Rhinehart, 2007 UT 61 (Utah) (ineffective assistance claims tied to plea waivers → review limitations)