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STATE v. PLUM

No. 9731.

14 Utah 2d 124 (1963)

378 P.2d 671

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. WALLACE PLUM, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

February 15, 1963.

Attorney(s) appearing for the Case

Norman Wade, Salt Lake City, for appellant.

A. Pratt Kesler, Atty. Gen., Ronald N. Boyce, Asst. Atty. Gen., Salt Lake City, for respondent.

JONES, District Judge.

Did the lower court err by refusing to permit the defendant to change his plea after sentence had been pronounced? This is the sole question presented by this appeal.

This court, in State v. Lee Lim (79 Utah. 68, 7 P.2d 825), adopted the rule that it is within the sound discretion of the trial court to allow, or to refuse to allow, the plea to be withdrawn. (See 22 C.J.S. Criminal Law § 421(4).) The writer sees no reason to review...

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