State v. West

DURHAM, Justice:

Defendant appeals from the trial court’s denial of his motion to withdraw his guilty plea. We reverse and remand.

*893On January 31, 1984, defendant was charged with sexual abuse of a child, then a first degree felony under Utah Code Ann. § 76-5-404.1(l)-{2) (Supp.1983) (amended 1984) carrying a sentence of five years to life. Based on that charge, defendant agreed to forego his right to a jury trial and to plead guilty to the second degree felony of attempted sexual abuse of a child. Pursuant to this plea bargain, the information was amended on February 9, 1984, to charge…