77-13-6 - Withdrawal of plea. - Utah Statutes

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77-13-6. Withdrawal of plea.
(1) A plea of not guilty may be withdrawn at any time prior to conviction.
(2) (a) A plea of guilty or no contest may be withdrawn only upon leave of the court anda showing that it was not knowingly and voluntarily made.
(b) A request to withdraw a plea of guilty or no contest, except for a plea held inabeyance, shall be made by motion before sentence is announced. Sentence may not beannounced unless the motion is denied. For a plea held in abeyance, a motion to withdraw theplea shall be made within 30 days of pleading guilty or no contest.
(c) Any challenge to a guilty plea not made within the time period specified inSubsection (2)(b) shall be pursued under Title 78B, Chapter 9, Post-Conviction Remedies Act,and Rule 65C, Utah Rules of Civil Procedure.

Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-13 > 77-13-6

77-13-6. Withdrawal of plea.
(1) A plea of not guilty may be withdrawn at any time prior to conviction.
(2) (a) A plea of guilty or no contest may be withdrawn only upon leave of the court anda showing that it was not knowingly and voluntarily made.
(b) A request to withdraw a plea of guilty or no contest, except for a plea held inabeyance, shall be made by motion before sentence is announced. Sentence may not beannounced unless the motion is denied. For a plea held in abeyance, a motion to withdraw theplea shall be made within 30 days of pleading guilty or no contest.
(c) Any challenge to a guilty plea not made within the time period specified inSubsection (2)(b) shall be pursued under Title 78B, Chapter 9, Post-Conviction Remedies Act,and Rule 65C, Utah Rules of Civil Procedure.

Amended by Chapter 3, 2008 General Session

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-13 > 77-13-6

77-13-6. Withdrawal of plea.
(1) A plea of not guilty may be withdrawn at any time prior to conviction.
(2) (a) A plea of guilty or no contest may be withdrawn only upon leave of the court anda showing that it was not knowingly and voluntarily made.
(b) A request to withdraw a plea of guilty or no contest, except for a plea held inabeyance, shall be made by motion before sentence is announced. Sentence may not beannounced unless the motion is denied. For a plea held in abeyance, a motion to withdraw theplea shall be made within 30 days of pleading guilty or no contest.
(c) Any challenge to a guilty plea not made within the time period specified inSubsection (2)(b) shall be pursued under Title 78B, Chapter 9, Post-Conviction Remedies Act,and Rule 65C, Utah Rules of Civil Procedure.

Amended by Chapter 3, 2008 General Session