State v. Alexander

Chief Justice DURRANT,

opinion of the Court:

INTRODUCTION

T1 In this case, we consider the showing required for a defendant to withdraw a guilty plea under the current version of section 77-13-6 of the Utah Code (Plea Withdrawal Statute or Statute)2 and rule 11 of the Utah Rules of Criminal Procedure.

T2 In 2007, James Alexander pled guilty to burglary with intent to commit sexual battery. Prior to his sentencing, Mr. Alexander filed a timely motion to withdraw his guilty plea. In that motion, he argued that when the district court accepted his guilty plea, it failed to apprise him of the…