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Rule 11. Pleas.

 

(aRightto Counsel. Upon arraignment, except for an infraction, adefendant shall be represented by counsel, unless the defendant waives counselin open court. The defendant shall not be required to plead until the defendanthas had a reasonable time to confer with counsel.

 

(b) Types ofpleas. A defendant may plead not guilty, guilty, no contest, notguilty by reason of insanity, or guilty and mentally ill. A defendant may pleadin the alternative not guilty or not guilty by reason of insanity. If adefendant refuses to plead or if a defendant corporation fails to appear, thecourt shall enter a plea of not guilty.

 

(c) Nocontest plea. A defendant may plead no contest only with theconsent of the court.

 

(d) Notguilty plea. When a defendant enters a plea of not guilty, thecase shall forthwith be set for trial. A defendant unable to make bail shall begiven a preference for an early trial. In cases other than felonies the courtshall advise the defendant, or counsel, of the requirements for making awritten demand for a jury trial.

 

(e) Guiltyplea. The court may refuse to accept a plea of guilty, no contestor guilty and mentally ill, and may not accept the plea until the court hasfound:

 

(e)(1) if the defendant is not represented by counsel, he orshe has knowingly waived the right to counsel and does not desire counsel;

 

(e)(2) the plea is voluntarily made;

 

(e)(3) the defendantknows of the right to the presumption of innocence, the right againstcompulsory self-incrimination, the right to a speedy public trial before animpartial jury, the right to confront and cross-examine in open court theprosecution witnesses, the right to compel the attendance of defense witnesses,and that by entering the plea, these rights are waived;

 

(e)(4)(A) the defendantunderstands the nature and elements of the offense to which the plea isentered, that upon trial the prosecution would have the burden of proving eachof those elements beyond a reasonable doubt, and that the plea is an admissionof all those elements;

 

(e)(4)(B) there is a factual basis for the plea. A factual basisis sufficient if it establishes that the charged crime was actually committedby the defendant or, if the defendant refuses or is otherwise unable to admitculpability, that the prosecution has sufficient evidence to establish asubstantial risk of conviction;

 

(e)(5) the defendantknows the minimum and maximum sentence, and if applicable, the minimummandatory nature of the minimum sentence, that may be imposed for each offenseto which a plea is entered, including the possibility of the imposition ofconsecutive sentences;

 

(e)(6) if the tendered plea is a result of a prior pleadiscussion and plea agreement, and if so, what agreement has been reached;

 

(e)(7) the defendant has been advised of the time limits forfiling any motion to withdraw the plea; and

 

(e)(8) the defendant has been advised that the right of appealis limited.

 

These findings may bebased on questioning of the defendant on the record or, if used, a writtenstatement reciting these factors after the court has established that thedefendant has read, understood, and acknowledged the contents of the statement.If the defendant cannot understand the English language, it will be sufficientthat the statement has been read or translated to the defendant.

 

Unless specificallyrequired by statute or rule, a court is not required to inquire into or adviseconcerning any collateral consequences of a plea.

 

(f) Motion towithdraw plea. Failure to advise the defendant of the time limitsfor filing any motion to withdraw a plea of guilty, no contest or guilty andmentally ill is not a ground for setting the plea aside, but may be the groundfor extending the time to make a motion under Utah Code ? 77-13-6.

 

(g) Plea indomestic violence offense. If the defendant pleads guilty, no contest,or guilty and mentally ill to a misdemeanor crime of domestic violence, asdefined in Utah Code ? 77-36-1, the court shall advise the defendant orally orin writing that, if the case meets the criteria of 18 U.S.C. ? 921(a)(33) or Utah Code ? 76-10-503 then pursuant to federal lawor state law, it is unlawful for the defendant to possess, receive or transportany firearm or ammunition. The failure to advise does not render the pleainvalid or form the basis for withdrawal of the plea.

 

(h)(1) Plearecommendations. If it appears that the prosecuting attorney orany other party has agreed to request or recommend the acceptance of a plea toa lesser included offense, or the dismissal of other charges, the agreementshall be approved or rejected by the court.

 

(h)(2) If sentencingrecommendations are allowed by the court, the court shall advise the defendantpersonally that any recommendation as to sentence is not binding on the court.

 

(i)(1) Plea agreements. Thejudge shall not participate in plea discussions prior to any plea agreementbeing made by the prosecuting attorney.

 

(i)(2) When a tentative plea agreement has beenreached, the judge, upon request of the parties, may permit the disclosure ofthe tentative agreement and the reasons for it, in advance of the time fortender of the plea. The judge may then indicate to the prosecuting attorney anddefense counsel whether the proposed disposition will be approved.

 

(i)(3) If the judge then decides that finaldisposition should not be in conformity with the plea agreement, the judgeshall advise the defendant and then call upon the defendant to either affirm orwithdraw the plea.

 

(j) Conditionalplea. With approval of the court and the consent of theprosecution, a defendant may enter a conditional plea of guilty, guilty andmentally ill, or no contest, reserving in the record the right, on appeal fromthe judgment, to a review of the adverse determination of any specifiedpre-trial motion. A defendant who prevails on appeal shall be allowed towithdraw the plea.

 

(k) Guiltyand mentally ill. When a defendant tenders a plea of guilty andmentally ill, in addition to the other requirements of this rule, the courtshall hold a hearing within a reasonable time to determine if the defendant ismentally ill in accordance with Utah Code ? 77-16a-103.

 

(l) Strictcompliance not necessary. Compliance with this rule shall bedetermined by examining the record as a whole. Any variance from the proceduresrequired by this rule which does not affect substantial rights shall bedisregarded. Failure to comply with this rule is not, by itself, sufficientgrounds for a collateral attack on a guilty plea.

 

Effective May 1, 2018

 

AdvisoryCommittee Notes