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State v. Badikyan, 2020 UT 3 (Jan. 30, 2020) and State v. Flora, 2020 UT 2 (Jan. 30, 2020)

Jan 3, 2020

In these concurrently issued opinions the supreme court held that the plea withdrawal statute, Utah Code § 77-13-6, creates its own preservation rule that is not subject to the common-law preservation exceptions, and it bars appellate review of unpreserved claims raised as part of an appeal of a timely motion to withdraw a guilty plea.  Defendants seeking to raise such claims much do so under the Post-Conviction Remedies Act.