STATE v. MERRILL

No. 20020877.

114 P.3d 585 (2005)

2005 UT 34

STATE of Utah, Plaintiff and Appellee, v. Scott Joseph MERRILL, Defendant and Appellant.

Supreme Court of Utah.

June 10, 2005.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Karen A. Klucznik, Asst. Att'y Gen., Salt Lake City, David A. Blackwell, W. Brent Langston, Castle Dale, for plaintiff.

Stephen R. McCaughey, Salt Lake City, for defendant.


NEHRING, Justice:

¶ 1 This case presents the questions of whether Utah Code section 77-13-6(2)(b) creates a jurisdictional bar to a criminal defendant's withdrawal of a guilty plea, and whether the thirty-day limitation in which a plea must be withdrawn is unconstitutional. We hold that the bar is jurisdictional and constitutionally permissible.

BACKGROUND

¶ 2 On October 29, 1998, Scott Joseph Merrill hid among rocks overlooking a road...

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