State v. Moss

Defendant pleaded guilty to attempted sexual abuse of a child, a third degree felony. The court accepted the plea but held it “in abeyance” on condition that defendant comply with certain conditions. However, as explained by the main opinion, the court had no authority to hold the plea in abeyance since the case involves “a sexual offense against a victim who is under the age of 14.” Utah Code Ann. § 77-2a-3(7) (1995). Upon learning the plea could not be held in abeyance, the court acted on its own motion and set the plea aside. In so doing, the court erred.

The procedure to be employed in the…