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State Utah v. Victor Valencia

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eBook details

  • Title: State Utah v. Victor Valencia
  • Author : Division One, Panel 1 Court of Appeals of Washington
  • Release Date : January 10, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

Defendant appeals the denial of his motion to set aside his guilty plea and resulting conviction. In his docketing statement, defendant contends that his plea was involuntarily and unknowingly entered because he was not advised of the possibility of deportation as a consequence of his conviction. We considered the issue herein to be clear and straightforward and, under R. Utah Ct. App. 10(e), we determined to resolve the appeal summarily on our own motion. We conclude that the guilty plea was not entered in compliance with Utah Code Ann. § 77-35-11(5) (1988), as applied in State v. Gibbons, 740 P.2d 1309 (Utah 1987). Accordingly, we reverse and remand to allow defendant to withdraw his guilty plea and proceed to trial on the original charge.


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