Opinion
Case No. 990613-CA.
Filed April 4, 2002. (Not For Official Publication)
Appeal from the Second District, Farmington Department, The Honorable Rodney S. Page.
Scott L. Wiggins, Salt Lake City, for Appellant.
Mark Shurtleff and Kris C. Leonard, Salt Lake City, for Appellee.
Before Judges Bench, Orme, and Thorne.
MEMORANDUM DECISION
This case is before the court on the State's motion for summary disposition. Hodges pleaded guilty to robbery, a second degree felony. Hodges claims that he can demonstrate that his counsel was ineffective in not filing a motion to withdraw his plea. The State claims this court lacks jurisdiction over Hodges's claims, including ineffective assistance of counsel, because Hodges did not file a motion to withdraw his guilty plea in the trial court. See State v. Reyes, 2002 UT 13,¶ 3, 40 P.3d 630; State v. Melo, 2001 UT App 392,¶¶ 7-8, 40 P.3d 646. We agree. Failure to file a timely motion to withdraw the plea deprives us of jurisdiction and prevents us from being able to consider any legal claims, including ineffective assistance of counsel. SeeMelo, 2001 UT App 392 at ¶ 7. Hodges's remedy is post-conviction action rather than direct appeal.
For the reasons stated above, the State's motion for summary disposition is granted and the appeal is dismissed for lack of jurisdiction.
Russell W. Bench, Judge, Gregory K. Orme, Judge, William A. Thorne Jr., Judge.