SCM NEWS & OPINIONS

State v. Magness, 2017 UT App 130 (July 28, 2017)

The defendant asked to withdraw his guilty plea, arguing that it was not knowingly and voluntarily made due to misleading statements made by the prosecution that had undermined the voluntariness of the plea.  The court of appeals agreed, holding that the district court too narrowly focused on Rule 11 requirements, and should have considered the totality of the circumstances, including the defendant’s reasonable reliance on the prosecutor’s misleading statements