347 P.3d 452
Utah Ct. App.2015Background
- On Dec. 4, 2012 a confidential informant contacted Raymond Velarde to arrange purchase of 3–4 ounces of methamphetamine; a deputy listened in and accompanied the informant.
- Velarde met the informant at the arranged place, was identified, arrested, and four ounces of methamphetamine were found in his car.
- At the preliminary hearing the deputy testified Velarde admitted planning to sell the methamphetamine and had agreed to meet the informant to do so.
- The State charged Velarde with arranging to distribute a controlled substance (Utah Code § 58-37-8(1)(a)(ii)); Velarde pleaded guilty after a plea colloquy in which he said he had methamphetamine and “was going to distribute it.”
- Velarde later moved to withdraw his guilty plea, arguing the court failed to comply with Rule 11 and that he did not understand or admit the specific element of “agreeing, consenting, offering, or arranging” to distribute.
- The district court denied the motion and sentenced Velarde to 1–15 years; the appeal challenges denial of the motion to withdraw the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by denying Velarde's motion to withdraw his guilty plea | State: The plea was knowingly and voluntarily made and there was a sufficient factual basis for the charge | Velarde: Rule 11 compliance was inadequate; plea colloquy did not show he understood/admitted the element of "agreeing, consenting, offering or arranging" | Affirmed: Court found plea knowingly and voluntarily made and ample factual basis existed |
Key Cases Cited
- State v. Beckstead, 140 P.3d 1288 (Utah 2006) (denial of plea-withdrawal reviewed for abuse of discretion)
- State v. Candland, 309 P.3d 230 (Utah 2013) (deference to trial court on whether defendant understood plea and waived rights)
- State v. Alexander, 279 P.3d 371 (Utah 2012) (withdrawal of plea governed by statute; even Rule 11 error requires examining whether plea was nonetheless knowing and voluntary)
- Willett v. Barnes, 842 P.2d 860 (Utah 1992) (preliminary hearing testimony can supply factual basis for later plea)