State v. Morgan

Court of Appeals of Utah

State v. Morgan

2010 UT App 262, 241 P.3d 364, 665 Utah Adv. Rep. 23, 2010 Utah App. LEXIS 260, 2010 WL 3721804

CourtCourt of Appeals of Utah

DecidedSeptember 23, 2010

Docket20080903-CA

StatusPublished

This text of 2010 UT App 262 (State v. Morgan) 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. Morgan, 2010 UT App 262, 241 P.3d 364, 665 Utah Adv. Rep. 23, 2010 Utah App. LEXIS 260, 2010 WL 3721804 (Utah Ct. App. 2010).

Pincite

Opinion

MEMORANDUM DECISION

PER CURIAM:

T1 Johnny Lee Morgan appeals from a conviction and sentence for unlawful sexual activity with a minor, a class A misdemeanor. We affirm.

1 2 Morgan asserts that his guilty plea was not entered into knowingly and voluntarily because he was not informed of the "jurisdictional element ... embedded in the offense *365 itself" during the colloquy with the trial court. However, jurisdiction is not an element of a criminal offense. Utah Code seetion 76-1-501(8) states that "[the existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence." Utah Code Ann. § 76-1-501(8) (2008). When a question of jurisdiction arises, this determination is made by the judge, not the jury. See id. § 76-1-201(8); see also State v. Payne, 892 P.2d 1032, 1083 (Utah 1995) ("[It is the court, not the jury, that must determine whether jurisdiction is proper."). Further, "iK no jurisdictional issue is raised, the pleadings are sufficient to establish jurisdiction." Utah Code Ann. § 76-1-201(5)(a). Thus, jurisdiction is not an element of the offense.

3 Similarly, prior to a trial court's acceptance of a plea, rule 11 of the Utah Rules of Criminal Procedure requires the court to find that "the defendant understands the nature and elements of the offense to which the plea is entered, that upon trial the prosecution would have the burden of proving each of those elements beyond a reasonable doubt, and that the plea is an admission of all those elements." Utah R.Crim. P. 1l1(e)4)(A). Because jurisdiction must be established only by a preponderance of the evidence, not beyond a reasonable doubt, rule 11 does not contemplate that jurisdiction is an element of the offense that must be explained during the plea colloquy.

[ 4 Affirmed.

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MEMORANDUM DECISION

PER CURIAM:

T1 Johnny Lee Morgan appeals from a conviction and sentence for unlawful sexual activity with a minor, a class A misdemeanor. We affirm.

1 2 Morgan asserts that his guilty plea was not entered into knowingly and voluntarily because he was not informed of the "jurisdictional element ... embedded in the offense *365 itself" during the colloquy with the trial court. However, jurisdiction is not an element of a criminal offense. Utah Code seetion 76-1-501(8) states that "[the existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence." Utah Code Ann. § 76-1-501(8) (2008). When a question of jurisdiction arises, this determination is made by the judge, not the jury. See id. § 76-1-201(8); see also State v. Payne, 892 P.2d 1032, 1083 (Utah 1995) ("[It is the court, not the jury, that must determine whether jurisdiction is proper."). Further, "iK no jurisdictional issue is raised, the pleadings are sufficient to establish jurisdiction." Utah Code Ann. § 76-1-201(5)(a). Thus, jurisdiction is not an element of the offense.

3 Similarly, prior to a trial court's acceptance of a plea, rule 11 of the Utah Rules of Criminal Procedure requires the court to find that "the defendant understands the nature and elements of the offense to which the plea is entered, that upon trial the prosecution would have the burden of proving each of those elements beyond a reasonable doubt, and that the plea is an admission of all those elements." Utah R.Crim. P. 1l1(e)4)(A). Because jurisdiction must be established only by a preponderance of the evidence, not beyond a reasonable doubt, rule 11 does not contemplate that jurisdiction is an element of the offense that must be explained during the plea colloquy.

[ 4 Affirmed.

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Bluebook (online)

2010 UT App 262, 241 P.3d 364, 665 Utah Adv. Rep. 23, 2010 Utah App. LEXIS 260, 2010 WL 3721804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morgan-utahctapp-2010.

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