77-13 - Pleas

Title 77 > 77-13

Sections (6)

77-13-1 - Kinds of pleas.

77-13-1(1) There are five kinds of pleas to an indictment or information:

not guilty; guilty; no contest; not guilty by reason of insanity; and guilty with a mental condition at the time of the offense. 77-13-1(2) An alternative plea of not guilty or not guilty by reason of insanity may be entered.

77-13-2 - Record of plea — Effect of each kind of plea.

Every plea shall be entered upon the record of the court and shall have the following effect: 77-13-2(1) A plea of not guilty is a denial of the guilt of the accused and puts in issue every material allegation of the information or indictment; 77-13-2(2) A plea of guilty is an acknowledgment that the accused is guilty of the offense charged; and 77-13-2(3) A plea of no contest indicates the accused does not challenge the charges in the information or indictment and if accepted by the court shall have the same effect as a plea of guilty and imposition of sentence may be rendered in the same manner as if a plea of guilty had been entered.

77-13-3 - Court approval of no contest plea required.

A plea of no contest may be entered by the accused only upon approval of the court and only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.

77-13-4 - Felonies — Entry in open court.

All pleas in felony cases shall be entered by the defendant in open court and the proceedings recorded.

77-13-5 - Failure to plead — Not guilty entered.

When a defendant does not enter a plea, the court shall enter a plea of not guilty for the defendant.

77-13-6 - Withdrawal of a plea.

77-13-6(1) A defendant may withdraw a plea of not guilty at any time before conviction. 77-13-6(2) A defendant may only withdraw a plea of guilty or no contest upon:a leave of the court; anda showing that the defendant did not knowingly or voluntarily make the plea. 77-13-6(3) A defendant shall make a motion to withdraw a plea of guilty or no contest in accordance with Rule 11 of the Utah Rules of Criminal Procedure.