Grimmett v. State

On Certification from the Utah Court of Appeals

PARRISH, Justice:

T1 Plaintiff Adolph Grimmett appeals from a denial of his motion to withdraw several guilty pleas. The question raised by this appeal stems from the intersection of the nune pro tune resentencing remedy we outlined in State v. Johnson, 635 P.2d 36, 38 (Utah 1981), and Utah Code section 77-13, 6(2)(b), which establishes the time limitations governing motions to withdraw. More specifically, we must determine whether a resen-tencing order under Johnson extends the time during which a defendant may file a motion to withdraw under…