Docket Number


Document Type

Legal Brief

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I wish to cite to the Court additional support for the State's argument that the trial court lacked jurisdiction to entertain defendant's motion to withdraw his guilty plea because defendant failed to file his motion within the 30-day period mandated in Rule 11, Utah Rules of Appellate Procedure, and Utah Code Ann. § 77-13-6 (1990). Br. of Appellee at 13-18. During oral argument on June 23, 1992, the Court inquired whether the State was aware of a statute, similar to Rule 11, which allowed the trial court to expand the time for filing documents and which the Court had characterized as jurisdictional. Rule 4 of the Utah Rules of Appellate Procedure governs appeals as of right. Subsection (e) of that rule allows the trial court to expand the time for filing a notice of appeal upon a showing of good cause. This Court characterized Rule 4 as jurisdictional in State v. Palmer, 777 P.2d 521, 522 (Utah App. 1989) (the 30-day period for filing a notice of appeal in a criminal case is jurisdictional and cannot be enlarged by an appellate court). This supplemental authority is submitted pursuant to Rule 24(j), Utah*Rules of Appellate Procedure.


Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.


Public record document (some rights may be reserved).