A man sentenced to prison in 2011 recently filed a sua sponte motion for summary disposition with the Utah Court of Appeals in the matter of State v Brown.
State v Brown
The case involves Keith Brown, who pleaded guilty in February 2011 to sodomy and sexual abuse of a child. Brown was appealing the district court’s denial of his motion to set aside his guilty pleas.
A verdict can be appealed to the Utah Court of Appeals under certain circumstances; however, the defendant carries the burden of proving his case.
In its decision, the Court of Appeals stated that Brown had not filed his motion in a timely manner, noting that a request to withdraw a guilty plea needs to be made by motion before the judge announces the sentence. When a motion to withdraw a guilty plea isn’t made in the appropriate time frame, the defendant loses his right to challenge the validity of the guilty plea on appeal.
The Court of Appeals’ Decision
The Court of Appeals denied Brown’s motion, stating that they did not have jurisdiction to review whether or not the district court made any mistakes in denying the motion for misplea. Brown will continue serving his sentence as previously given.
A benefit of the judicial system is that people who are found guilty of a crime often have the opportunity to appeal that conviction, or at least aspects of the conviction. Another advantage of the judicial system is that everyone is entitled to legal representation.
That is where a good Utah criminal defense attorney comes in. Regardless of the charges against you, don’t hesitate to talk to an experienced attorney who has a history of winning his clients’ cases. If you are facing criminal charges, you need the services of a top Utah criminal defense attorney who will fight hard to protect your rights and freedom.