Summary
The Supreme Court of Utah considered whether a district court could accept a defendant's guilty plea to one of two alternative offenses charged in a single count over the prosecution's objection. The court held that alternative charges in a single count allow the defendant to plead guilty to either charge, including the lesser offense, and affirmed the Utah Court of Appeals.
Holdings
- When a prosecutor charges alternative offenses in a single count, the defendant may plead guilty as charged to either alternative, including the lesser alternative, and the district court may accept that plea over the prosecution's objection.
Questions Presented
- Whether a district court may accept a defendant's guilty plea to one of two alternative offenses charged in a single count over the prosecution's objection.
- Whether Utah's joinder statute or existing Utah case law prohibited the State from charging alternative offenses in a single count or required the offenses to be charged in separate counts.
Disposition
affirmed
Cases Cited (13)
- State v. Anderson, 2009 UT 13, ¶ 6, 203 P.3d 990(followed)
- State v. Brake, 2004 UT 95, ¶ 11, 103 P.3d 699(followed)
- Peterson v. Kennard, 2008 UT 90, ¶ 8, 201 P.3d 956(followed)
- State v. Ferguson, 2007 UT 1, ¶ 11, 169 P.3d 423(followed)
- State v. Visser, 2000 UT 88, ¶ 9, 22 P.3d 1242(followed)
- Newspaper Agency Corp. v. Audit Division, 938 P.2d 266, 267 (Utah 1997)(followed)
- State v. Turner, 980 P.2d 1188, 1189-90 (Utah Ct. App. 1998)(distinguished)
- State v. Montiel, 2005 UT 48, ¶ 9, 122 P.3d 571(followed)
- United States v. Miller, 722 F.2d 562, 565 (9th Cir. 1983)(followed)
- State v. Butler, 560 P.2d 1136, 1138 (Utah 1977)(distinguished)
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Cited In (0)
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Court Document
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