 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Beckstead9/30/2004
Larry Niel Beckstead pleaded guilty to one count of driving under the influence of alcohol with prior offenses, a third-degree felony pursuant to Utah Code section 41-6-44. See Utah Code Ann. § 41-6-44 (1998). Beckstead filed a timely motion to withdraw his guilty plea on the grounds that he was intoxicated when he entered the plea. The *269 trial court denied Beckstead's motion, and he appeals. We reverse.
BACKGROUND
**2 Beckstead entered his guilty plea on September 18, 2002. Pursuant to rule 11 of the Utah Rules of Criminal Procedure, the trial court conducted a colloquy with Beckstead. As a part of this colloquy, the trial court asked Beckstead if he was "under the influence of alcohol or drugs here today in court," to which Beckstead responded "no."
**3 As the colloquy progressed, the prosecutor alerted the court that Beckstead had been drinking and following exchange occurred:
Prosecutor: [F]rankly, [Beckstead has] been drinking today and a, that concerns me.
Court: You say he has been drinking today?
Prosecutor: I can tell he's been drinking. I can smell it.
Court: I thought I just asked you Mr.--
Beckstead: Well, it was early this morning.
Court: Well, I just asked you if you had had anything to drink, any alcohol or drugs, and you said no.
Beckstead: I'm not under the influence, Your Honor.
Court: Okay. You're not under the influence of alcohol--
Beckstead: No (short inaudible, two speakers) this morning.
Court:--but you have been drinking.
Beckstead: I have a little bit of a back problem.
Court: Well, I do too but I don't drink to take care of it[.]
The court made no further inquiry as to Beckstead's potential intoxication and accepted his guilty plea. The court did, however, make two further references to Beckstead's "show[ing] up in my court drinking," and Beckstead's drinking also appeared to play a role in the court's decision to take Beckstead into custody following his plea. As the court stated, "this is just too dangerous to leave you out with this kind of a situation."
**4 Beckstead filed a timely motion to withdraw his guilty plea, alleging in part that he was intoxicated when he entered the plea. [FN1] The trial court held a hearing on Beckstead's motion, prior to which the court reviewed the videotape of Beckstead's plea hearing. Neither side presented evidence at the hearing, although Beckstead made a statement wherein he described his experience in custody following the plea hearing. Beckstead described an officer telling him that, based on twenty-five years of law enforcement experience, his opinion was that Beckstead was very intoxicated. Beckstead also stated that he believed he was going to be charged with public intoxication following the plea hearing. After listening to Beckstead's comments, the court made the following statement and findings:
FN1. Beckstead has abandoned all other grounds for seeking withdrawal of his plea, and we do not address them here.
[A]s I look at the tape, I don't see anything on the, the tape that suggests to me that you were impaired. And I didn't notice anything at the time we took the plea. I mean, I didn't see slurred speech, I didn't see wavering or, or having trouble standing up or talking at all. I mean, you seemed to understand all of the questions that I put to you and your answers appeared to be articulate and coherent. So I think the fact that maybe you had something to drink, I just don't think that that somehow impaired your ability to enter that plea on the, on the day that you did.
So I'm going to find that we satisfied [r]ule 11. I'm also going to find that the plea in this case was both voluntary and knowing. And you may have been drinking but I just don't think that you were under the influence of an alcohol to a
Page 1 2 3 4 5 6 Utah DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|