State v. Stolfus

Memorandum Decision

DAVIS, Judge:

¶ 1 Troy D. Stolfus entered an Alford plea to third degree felony criminal mischief and timely moved to withdraw his plea on the grounds that he did not enter the plea knowingly or voluntarily due to the ineffectiveness of his trial counsel combined with his mistaken belief that he could unconditionally withdraw his plea within thirty days of entering it.2 The trial court denied the motion, and Stolfus now appeals. We affirm.

¶2 A guilty plea “may be withdrawn only upon leave of the court and a showing that it was not knowingly and voluntarily made.” Utah Code…