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77-2a-2 - Plea in abeyance agreement -- Negotiation -- Contents -- Terms of agreement -- Waiver of time for sentencing.

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77-2a-2.Plea in abeyance agreement -- Negotiation -- Contents -- Terms ofagreement -- Waiver of time for sentencing.(1)At any time after acceptance of a plea of guilty or no contest but prior to entry ofjudgment of conviction and imposition of sentence, the court may, upon motion of both theprosecuting attorney and the defendant, hold the plea in abeyance and not enter judgment ofconviction against the defendant nor impose sentence upon the defendant within the time periodscontained in Rule 22(a), Utah Rules of Criminal Procedure.(2)The defendant shall be represented by counsel during negotiations for a plea inabeyance and at the time of acknowledgment and affirmation of any plea in abeyance agreementunless the defendant shall have knowingly and intelligently waived his right to counsel.(3)The defendant has the right to be represented by counsel at any court hearing relatingto a plea in abeyance agreement.(4) (a)Any plea in abeyance agreement entered into between the prosecution and thedefendant and approved by the court shall include a full, detailed recitation of the requirementsand conditions agreed to by the defendant and the reason for requesting the court to hold the pleain abeyance.(b)If the plea is to a felony or any combination of misdemeanors and felonies, theagreement shall be in writing and shall, prior to acceptance by the court, be executed by theprosecuting attorney, the defendant, and the defendant's counsel in the presence of the court.(5)A plea shall not be held in abeyance for a period longer than 18 months if the pleawas to any class of misdemeanor or longer than three years if the plea was to any degree offelony or to any combination of misdemeanors and felonies.(6)A plea in abeyance agreement shall not be approved unless the defendant, before thecourt, and any written agreement, knowingly and intelligently waives time for sentencing asdesignated in Rule 22(a), Utah Rules of Criminal Procedure.Enacted by Chapter 82, 1993 General Session
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  • 77-2a-2. Plea in abeyance agreement -- Negotiation -- Contents -- Terms ofagreement -- Waiver of time for sentencing.
    (1) At any time after acceptance of a plea of guilty or no contest but prior to entry ofjudgment of conviction and imposition of sentence, the court may, upon motion of both theprosecuting attorney and the defendant, hold the plea in abeyance and not enter judgment ofconviction against the defendant nor impose sentence upon the defendant within the time periodscontained in Rule 22(a), Utah Rules of Criminal Procedure.
    (2) The defendant shall be represented by counsel during negotiations for a plea inabeyance and at the time of acknowledgment and affirmation of any plea in abeyance agreementunless the defendant shall have knowingly and intelligently waived his right to counsel.
    (3) The defendant has the right to be represented by counsel at any court hearing relatingto a plea in abeyance agreement.
    (4) (a) Any plea in abeyance agreement entered into between the prosecution and thedefendant and approved by the court shall include a full, detailed recitation of the requirementsand conditions agreed to by the defendant and the reason for requesting the court to hold the pleain abeyance.
    (b) If the plea is to a felony or any combination of misdemeanors and felonies, theagreement shall be in writing and shall, prior to acceptance by the court, be executed by theprosecuting attorney, the defendant, and the defendant's counsel in the presence of the court.
    (5) A plea shall not be held in abeyance for a period longer than 18 months if the pleawas to any class of misdemeanor or longer than three years if the plea was to any degree offelony or to any combination of misdemeanors and felonies.
    (6) A plea in abeyance agreement shall not be approved unless the defendant, before thecourt, and any written agreement, knowingly and intelligently waives time for sentencing asdesignated in Rule 22(a), Utah Rules of Criminal Procedure.

    Enacted by Chapter 82, 1993 General Session

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