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Utah Code of Criminal Procedure | |
Pleas | |
Section 6 | Withdrawal of plea. |
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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 (1) A plea of not guilty may be withdrawn at any time prior to conviction. (2) (a) A plea of guilty or no contest may be withdrawn only upon leave of the court and a showing that it was not knowingly and voluntarily made.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 in abeyance, shall be made by motion before sentence is announced. Sentence may not be announced unless the motion is denied. For a plea held in abeyance, a motion to withdraw the plea 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 in Subsection (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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