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State v. Powell12/18/2003
at he was represented by counsel. See, e.g., State v. Triptow, 770 P.2d 146, 149 (Utah 1989) ("After proof of the previous conviction is introduced, the burden is on the defendant to raise the issue and produce some evidence that he or she was not represented by counsel and did not knowingly waive counsel."); Branch, 743 P.2d at 1192 (predicating its rejection of the defendant's involuntariness argument on the grounds that the state had "demonstrated that both pleas were entered with the benefit of counsel " (emphasis added)).
*2 Here, though Powell introduced evidence that there may have been rule 11 irregularities in his prior plea colloquies, he did not offer any evidence to indicate that he was not represented by counsel at the plea hearings or that his counsels' performance at those proceedings was constitutionally deficient. Thus, we conclude that Powell has not overcome the presumption of voluntariness that attached to his prior guilty pleas.
Accordingly, the trial court's use of those pleas as the predicate for a sentence enhancement was proper.
We affirm.
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