Lopez v. Ogden City

Opinion

CHRISTIANSEN, Judge:

¶ 1 On the advice of his defense attorney, Cesar Daniel Lopez pled guilty to one count of retail theft, a class B misdemeanor, in the Ogden City Justice Court. Long after the time to withdraw his guilty plea had expired, Lopez filed a petition in the Second District Court seeking to vacate his conviction pursuant to the Post-Conviction Remedies Act (the PCRA). Ogden City moved to dismiss the petition. The court determined that Lopez should have had knowledge of one of his PCRA claims when he was originally sentenced, that the PCRA’s statute of limitations therefore…