State v. Plum

JONES, District Judge.

Did the lower court err by refusing to permit the defendant to change his plea after sentence had been pronounced? This is the sole question presented by this appeal.

This court, in State v. Lee Lim (79 Utah 68, 7 P.2d 825), adopted the rule that it is within the sound discretion of the trial court to allow, or to refuse to allow, the plea to be withdrawn. (See 22 C.J.S. Criminal Law § 421 (4).) The writer sees no reason to review again the authorities on this subject except to remark that the sentence in a criminal case is a final judgment, and one who would set aside…