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State v. Valencia
Citations: 776 P.2d 1332; 112 Utah Adv. Rep. 42; 1989 Utah App. LEXIS 130; 1989 WL 76660Docket: 890035-CA
Court: Court of Appeals of Utah; July 10, 1989; Utah; State Appellate Court
Victor Valencia, a Mexican national residing legally in the U.S., appealed the denial of his motion to set aside his guilty plea for attempted possession of heroin, arguing that he was not informed of potential deportation consequences, rendering his plea involuntary and unknowing. The Court of Appeals of Utah reviewed the case and determined that the guilty plea did not comply with Utah Code Ann. 77-35-11(5) and the precedent set in State v. Gibbons, which requires a thorough inquiry into the defendant's understanding of the plea's consequences. The trial judge's inquiry during the plea hearing was limited to two questions, failing to adequately assess Valencia's comprehension of the plea's implications. Consequently, the appellate court reversed the lower court's decision, allowing Valencia to withdraw his guilty plea and proceed to trial on the original charge. The court emphasized the obligation of the trial court to ensure compliance with constitutional requirements and Rule 11(5) when accepting guilty pleas, noting that the error was evident from the record. Strict compliance with procedural rules is mandated for guilty pleas, as established in *Gibbons*, 740 P.2d at 1312-13. In *State v. Vasilacopulos*, 756 P.2d 92, 94 (Utah App. 1988), the requirement for a written affidavit or plea form was clarified; while these documents can be used, they cannot replace the necessary comprehensive examination by the trial court. The *Gibbons* court outlined essential elements for a guilty plea affidavit but emphasized that such an affidavit should serve merely as a preliminary tool, not a final substitute for thorough court inquiry. The trial judge must engage in detailed questioning about the defendant's understanding of their rights—specifically regarding self-incrimination, jury trial waivers, appeal rights, and witness confrontation—as mere general inquiries are insufficient under Rule 11(5). The record showed that the defendant was not adequately informed about the nature and elements of the offense or its consequences, leading to a reliance on a deficient form statement. Consequently, the court determined that the trial judge’s brief inquiries failed to ensure the plea was made with informed consent, necessitating a reversal of the conviction and allowing the defendant to withdraw the guilty plea. The case is remanded for further proceedings consistent with these findings.