State v. Corwell

2003 UT App 261, 74 P.3d 1171, 478 Utah Adv. Rep. 5, 2003 Utah App. LEXIS 71, 2003 WL 21700029
CourtCourt of Appeals of Utah
DecidedJuly 17, 2003
Docket20020343-CA
StatusPublished
Cited by2 cases

This text of 2003 UT App 261 (State v. Corwell) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Corwell, 2003 UT App 261, 74 P.3d 1171, 478 Utah Adv. Rep. 5, 2003 Utah App. LEXIS 71, 2003 WL 21700029 (Utah Ct. App. 2003).

Opinions

OPINION

JACKSON, Presiding Judge:

11 Liza Corwell appeals from the trial court's denial of her motion to withdraw her guilty plea from a conviction for attempted tampering with evidence in violation of Utah Code Annotated §§ 76-8-510 and 76-4-101 (1999). We reverse and remand.

BACKGROUND

12 On March 18, 2001, Detectives Troy Anderson and Tracy Ita of the Salt Lake City Police Department investigated a report that Corwell and Rebecca Champneys might be "using and/or selling narcotics" at a motel. The informant specifically directed the detectives to room number 286 at the Motel 6, located at 1990 West North Temple Street in Salt Lake City.

T8 Based on this information, the detectives went to the motel room and knocked on the door. Detective Ita identified himself as "Tracy" and, after Champneys expressed some confusion, Ita responded that he was "Tracy with the Salt Lake City Police Department." Then both officers displayed their badges-Ita through the peep hole in the door and Anderson through an adjoining window. Anderson testified that there was a "six to twelve" inch gap between the curtain and the door through which he could see into the room. When the detectives asked if Cor-well was also in the room, Champneys initially responded negatively. She later admitted that Corwell was in the room, however, after Anderson observed another woman in the room.

[1173]*1173T4 After the detectives displayed their badges and asked Champneys to open the door, Champneys attempted to close the gap in the curtains. At the same time, Anderson saw Corwell put what he thought was a crack pipe into a purse and put it behind the bed. Anderson then observed "a lot of movement in the room," including trips to the bathroom by both women and efforts to conceal objects under the bed.

T5 The detectives repeatedly asked Champneys to open the door. When she refused, Ita obtained a key from the motel manager. Even with the key, however, the detectives were unable to enter the room because the women had dead-bolted the door. Detective Ita then kicked the door open.

T 6 Onee inside the room, Anderson arrested Champneys and Corwell. A search of Champney turned up a metallic pipe, which she admitted she used to smoke cocaine. He also discovered cocaine, Kleenex, and a burnt Brillo pad. A search of Corwell revealed a rock of cocaine and drug paraphernalia. While being searched in the bathroom, Champneys grabbed some cocaine from the counter and tried to flush it down the drain.

T7 On September 19, 2001, the trial court denied Corwell's motion to suppress. On December 7, 2001, Corwell entered a conditional guilty plea to attempted tampering with evidence, reserving her right to appeal the trial court's ruling on the suppression motion. Though both the plea statement and the trial court's questioning omitted the word "speedy" from the discussion of Corwell's rights, the trial court did inform Corwell that by pleading guilty she was giving up her right to a trial before an impartial jury, and that her trial was scheduled for the following Monday.

T8 On April 2, 2002, judgment was entered. On April 26, 2002, Corwell filed a notice of appeal. However, on April 29, Cor-well moved to withdraw her guilty plea. On June 5, 2002, Corwell filed a motion and memorandum "to hold appeal in abeyance and to stay the briefing schedule pending disposition of motion to withdraw guilty plea." In her motion, Corwell stated that if the trial court denied her motion to withdraw her guilty plea, she planned to appeal the denial of the motion to this court and would then request that this court consolidate her appeals from her conviction and the denial of her motion.

T9 On June 20, this court stayed the appeal and temporarily remanded the case, directing the trial court to rule on Corwell's motion to withdraw her guilty plea In granting the stay, this court stated: "If the trial court denies the motion, Appellant shall file an amended notice of appeal under the same appellate case number." On June 21, the trial court denied the motion. On September 10, Corwell filed a supplemental designation of record, a supplemental certificate, and a supplemental request for transeript. The final order was not entered until October 11, 2002. On October 28, 2002, Corwell filed an amended notice of appeal of the trial court's denial of her motion to withdraw the guilty plea.

ISSUE AND STANDARD OF REVIEW

110 Corwell challenges the trial court's denial of her motion to withdraw her guilty plea. Specifically, Corwell challenges the trial court's compliance with rule 11 of the Utah Rules of Criminal Procedure in taking ber guilty plea Whether the trial court strictly complied with rule 11 is a question of law, which we review for correctness. See State v. Benvenuto, 1999 UT 60, ¶ 10, 983 P.2d 556 ("the ... question of whether the trial court strictly complied with constitutional and procedural requirements for entry of a guilty plea is a question of law that is reviewed for correctness" (quoting State v. Holland, 921 P.2d 430, 433 (Utah 1996))).

ANALYSIS

$11 Corwell challenges the trial court's denial of her motion to withdraw her guilty plea, arguing that the trial court failed to strictly comply with rule 11's requirements that she be informed of her right to a speedy trial and that her guilty plea would limit her right to appeal.1

[1174]*1174112 It is well established that rule 11's requirements must be strictly complied with by trial courts. Rule l1(e) "squarely places on trial courts the burden of ensuring that constitutional and rule l1(e) requirements are complied with when a guilty plea is entered." State v. Gibbons, 740 P.2d 1309, 1312 (Utah 1987). This duty requires "strict compliance" with the rule, State v. Abeyta, 852 P.2d 9983, 995 (Utah 1993), which means "** "that the trial court [must] ... establish on the record that the defendant knowingly waived his or her constitutional rights [to al speedy public trial before an impartial jury." ' " State v. Dean, 2002 UT App 323, ¶ 10 n. 2, 57 P.3d 1106 (quoting State v. Visser, 2000 UT 88, ¶¶ 10-11, 22 P.3d 1242 (quoting Utah R.Crim. P. 11(e))).

113 In Visser, however, the Utah Supreme Court held that the strict compliance rule does not "mandate a particular seript or rote recitation of the rights listed." Visser, 2000 UT 88 at ¶ 11, 22 P.3d 1242. Instead, the rule requires that the trial court ensure that defendants know their rights and the consequences for waiving them by pleading guilty. See id. While the trial court must therefore make certain that "no requirement of the rule is omitted," id. at T 12, the court is allowed to rely on the cireum-stances of the case to determine whether the defendant has been appraised of his or her rights. See id.

T 14 The facts of Visser are instructive. In Visser, the defendant entered a guilty plea in the middle of his trial. See id. at 11. He later filed a motion to withdraw his plea, arguing that the trial court had failed to inform him of his constitutional right to a speedy trial before an impartial jury. See id. The trial court denied the motion. See id. at « 6. On review, the supreme court concluded that " 'striet compliance can be accomplished by multiple means.! " Id. at 112 (quoting State v. Maguire, 880 P.2d 216, 218 (Utah 1991).

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Related

State v. Corwell
2005 UT 28 (Utah Supreme Court, 2005)
State v. Corwell
2003 UT App 261 (Court of Appeals of Utah, 2003)

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Bluebook (online)
2003 UT App 261, 74 P.3d 1171, 478 Utah Adv. Rep. 5, 2003 Utah App. LEXIS 71, 2003 WL 21700029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-corwell-utahctapp-2003.