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(1) A plea of not guilty may be withdrawn at any time prior to conviction.
(2) (a) A plea of guilty or no contest may be withdrawn only upon leave of the court and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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Last revised: Thursday, May 28, 2009