Legal Opinion

State v. McFadden

Court of Appeals of Utah

Decided November 10, 1994No. 930097-CAPublishedCited by 19 opinions

1Opinion of the Court

OPINION

BENCH, Judge:

Defendant challenges the trial court’s order denying his motion to withdraw his guilty plea of forcible sexual abuse. We affirm.

FACTS

Defendant was charged with aggravated sexual abuse, a first degree felony, in violation of Utah Code Ann. § 76-5-405 (1990). After the State had presented most of its evidence against defendant at a jury trial, defendant entered a guilty plea to forcible sexual abuse, a second degree felony, in violation of Utah Code Ann. § 76-5-404 (1990).

Prior to sentencing, defendant filed a motion to withdraw his guilty plea, claiming that he had not…

2Cases cited37 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. United States v. Monica Joyce CampbellCourt of Appeals for the Eleventh Circuit · 1985
  4. Douglas Fruchtman v. Frank Kenton, WardenCourt of Appeals for the Ninth Circuit · 1976
  5. Derrick Downs-Morgan v. United StatesCourt of Appeals for the Eleventh Circuit · 1985

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3Cited by19 opinions

  1. People v. WilliamsIllinois Supreme Court · 1999
  2. State v. Tuan Quoc NguyenHawaii Supreme Court · 1996
  3. People v. CarreraIllinois Supreme Court · 2010
  4. State v. SmitCourt of Appeals of Utah · 2004
  5. State v. Rojas-MartinezUtah Supreme Court · 2005

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