STATE v. SMITH

No. 20090195-CA.

286 P.3d 314 (2012)

2012 UT App 247

STATE of Utah, Plaintiff and Appellee, v. Shawn Michael SMITH, Defendant and Appellant.

Court of Appeals of Utah.

August 30, 2012.


Attorney(s) appearing for the Case

Matthew D. Carling , Cedar City, for Appellant.

Mark L. Shurtleff and Ryan D. Tenney , Salt Lake City, for Appellee.

Before Judges ORME, DAVIS, and ROTH.


MEMORANDUM DECISION

ORME, Judge.

¶ 1 Defendant appeals the denial of his motion to withdraw a guilty plea, which was entered nearly fifteen years ago. The district court determined the motion to be untimely. We affirm.

¶ 2 In 1997 Defendant, having escaped from a detention facility for juvenile delinquents, broke into the home of an elderly couple. After abusing the eighty-five-year-old husband, Defendant and his accomplice bound the couple...

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