State v. Gamblin

2000 UT 44, 1 P.3d 1108, 396 Utah Adv. Rep. 6, 2000 Utah LEXIS 59, 2000 WL 694166
CourtUtah Supreme Court
DecidedMay 19, 2000
Docket981548
StatusPublished
Cited by43 cases

This text of 2000 UT 44 (State v. Gamblin) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gamblin, 2000 UT 44, 1 P.3d 1108, 396 Utah Adv. Rep. 6, 2000 Utah LEXIS 59, 2000 WL 694166 (Utah 2000).

Opinion

WILKINS, Justice.

[ 1 Defendant James Richard Gamblin appeals the trial court's denial of his motion to withdraw his guilty plea to attempted rape, a first degree felony, in violation of Utah Code Ann. §§ 76-5-402 and 76-4-102(2) (1999). We affirm.

BACKGROUND

T2 Defendant was initially charged with four counts of rape. Following plea negotiations, the State dropped three of the counts and defendant signed a plea statement and pleaded guilty to a single count of attempted rape.

[3 Seven days after the plea hearing, defendant filed a motion to withdraw his guilty plea under section T7-13-6 of the Utah Code. See Utah Code Ann. § Ti~18-6(2) (1999). He asserted that good cause existed to withdraw his plea under this statute for two reasons. First, defendant argued his plea was entered without full knowledge and understanding of the consequences of the plea because he intended to enter a guilty plea under Rule 11(hb) of the Utah Rules of Criminal Procedure rather than a "straight" guilty plea with alternative amended charges. Second, defendant argued he felt compelled to enter his guilty plea because he thought the trial court judge was biased against him.

T4 After a hearing on defendant's motion to withdraw his plea, the trial court made several findings of fact. Based on those findings, the trial court concluded that defendant's guilty plea was made knowingly, voluntarily, and intelligently, and that no cause existed upon which to grant defendant's motion to withdraw. Defendant now appeals the trial court's denial of his motion.

ANALYSIS

I. INADEQUATE BRIEFING

T5 The State argues that defendant has inadequately briefed his arguments on appeal. We address this argument first.

{6 Rule 24 of the Utah Rules of Appellate Procedure sets forth the requirements of an appellant's brief. One requirement is that the brief set forth an argument. That argument "shall contain the contentions and reasons of the appellant with respect to the issues presented, including the grounds for reviewing any issue not preserved in the trial court, with citations to the authorities, statutes, and parts of the record relied on." Utah R.App. P. 24(a)(9). As we have too often had occasion to explain, "this court is not '"a depository in which the appealing party may dump the burden of argument and research."'" State v. Jaeger, 1999 UT 1, 131, 973 P.2d 404 (citations omitted); see also MacKay v. Hardy, 978 P.2d 941, 948 n. 9 (Utah 1998) (setting forth numerous examples of cases of inadequate briefing).

T7 Defendant's brief fails to adequately set forth an argument as required by Rule 24(a)(9) of the Utah Rules of Appellate Procedure. Instead of providing this court with meaningful legal analysis, defendant's brief merely contains one or two sentences stating his argument generally, quotes favorable portions of the record, and then broadly *1111 concludes that he is entitled to relief. Defendant cites State v. Vasilacopulos, 756 P.2d 92 (Utah Ct.App.1988), and State v. Thorup, 841 P.2d 746 (Utah Ct.App.1992), as authority for his arguments, but he does not analyze these cases to demonstrate that his contentions compel reversal of the trial court's ruling. Rather, defendant's brief simply cites to these cases as support for his general argument that the trial court's erroneous findings would have constituted good cause for defendant to withdraw his guilty plea.

T8 Briefs that do not comply with rule 24 "may be disregarded or stricken, on motion or sua sponte by the court." Utah R.App. P. 24(J) 1 ; see, e.g., Jaeger, 1999 UT 1 at 131, 978 P.2d 404 (declining to address arguments because brief failed to comply adequately with rule 24); MacKay, 973 P.2d at 949 (same). However, we are not obligated to strike or disregard a marginal or inadequate brief, and in this case we choose to further address defendant's arguments in the interests of justice.

II. GOOD CAUSE

T9 Defendant argues the trial court committed reversible error by denying his motion to withdraw his guilty plea. In Utah, "[a] plea of guilty ... may be withdrawn only upon good cause shown and with leave of the [trial] court." Utah Code Ann. § 77-13-6(2)(a) (1999). A "withdrawal of a plea of guilty is a privilege, not a right ... [and] is within the sound discretion of the trial court." State v. Gallegos, 738 P.2d 1040, 1041 (Utah 1987). We will not disturb the trial court's denial of a motion to withdraw a guilty plea unless it clearly appears that the trial court has exceeded its permitted range of discretion. See State v. Blair, 868 P.2d 802, 805 (Utah 1998). Moreover, "[the trial court's findings of fact made in conjunction with its decision will not be set aside unless they are clearly erroneous." Id.

{[ 10 Defendant contends he has good cause to withdraw his guilty plea because it was not knowingly and voluntarily entered. Specifically, defendant argues his guilty plea was not knowing because he thought he was making a rule 11(h) plea, and it was not voluntary because he thought the trial court judge was biased against him.

%11 The parties agree that the trial court strictly complied with Rule 11(e) of the Utah Rules of Criminal Procedure in accepting defendant's guilty plea The primary purpose of this rule is "to insure that when a defendant enters a guilty plea and thereby waives important constitutional rights, such as the right to a jury trial, he or she acts freely and voluntarily, with full knowledge of the consequences of the plea." State v. Kay, 717 P.2d 1294, 1299 (Utah 1986) (plurality opinion). Strict compliance with rule l1(e) creates a presumption that the plea was voluntarily entered. See Thorup, 841 P.2d at 748. Rule 11(e) also serves to insure that the record reflects that the plea was properly taken. See Kay, 717 P.2d at 1299.

T12 As defendant admitted in oral argument, the colloquy the court engaged him in when he entered his guilty plea was complete and thorough. The trial court carefully met rule l1(e)'s requirements in its effort to ensure defendant's plea was made knowingly, voluntarily, and intelligently. Defendant does not challenge the adequacy of this colloquy under rule 11(e).

T 18 After defendant timely moved to withdraw his guilty plea, the trial court held a hearing to consider defendant's motion to withdraw his plea. During this hearing, the trial court heard evidence regarding defendant's arguments that his plea was unknowing because he thought he was entering a rule 11(h) plea, and that his plea was involuntary because he thought the trial court judge was biased against him. Following this hearing, the trial court entered several findings of fact directed at both of defendant's arguments.

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Bluebook (online)
2000 UT 44, 1 P.3d 1108, 396 Utah Adv. Rep. 6, 2000 Utah LEXIS 59, 2000 WL 694166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gamblin-utah-2000.