State v. Gallegos

HALL, Chief Justice:

Defendant appeals a district court ruling which denied his presentence motion to withdraw his plea of guilty to aggravated sexual assault, Utah Code Ann. § 76-5-405 (Supp.1985) (amended 1986). After much deliberation, this Court has concluded that the district court abused its discretion by denying the motion.

Defendant was originally charged with one count of aggravated burglary and two counts of aggravated sexual assault, having allegedly raped, sodomized, and severely beaten his girlfriend in her home. After a preliminary hearing at which the victim testified and…