Utah Code
Utah Code § 77-13-2 (2026)
Record of plea -- Effect of each kind of plea
✓ current as of May 2026
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Every plea shall be entered upon the record of the court and shall have the following effect:
A plea of not guilty is a denial of the guilt of the accused and puts in issue every material allegation of the information or indictment;
A plea of guilty is an acknowledgment that the accused is guilty of the offense charged; and
A plea of no contest indicates the accused does not challenge the charges in the information or indictment and if accepted by the court shall have the same effect as a plea of guilty and imposition of sentence may be rendered in the same manner as if a plea of guilty had been entered.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1987–2023 · leading case: State v. Sery, 758 P.2d 935 (Utah Ct. App. 1988).
State v. Sery, 758 P.2d 935 (Utah Ct. App. 1988). “In Utah, this general rule regarding forfeiture of appellate review of an adverse ruling on a pre-plea motion to suppress applies with equal force to a defendant who enters an unconditional no contest plea, which "if accepted by the court shall have the same effect as a plea of…”
State v. Merrill, 2005 UT 34 (Utah 2005). “Merrill and entered a plea of guilty to aggravated murder pursuant to Utah Code section 77-13-2(3). ¶ 8 Nancy Beth Cohn, Ph.”
State v. Gallegos, 738 P.2d 1040 (Utah 1987). “Utah Code Ann. § 77-13-2 (1982). 3 . McCarthy v.”
State v. Jennings, 875 P.2d 566 (Utah Ct. App. 1994). “1988) (citations omitted) (quoting Utah Code Ann. § 77-13-2 (3) (1982)). The exception to this rule is in the case of a plea "entered by the defendant with the consent of the prosecution and accepted by the trial judge [which] specifically preserves the suppression issue for…”
State v. Edwards, 2023 UT App 23 (Utah Ct. App. 2023). “As detailed in Part I, the court was not required to grant Edwards any additional time to prepare a written motion to withdraw his plea. Because Edwards has provided no other basis for withdrawing the plea, the plea accordingly stands.”
Salzl v. Dep't of Workforce Servs., 122 P.3d 691 (Utah Ct. App. 2005). “and if accepted by the court shall have the same effect as a plea of guilty_” Utah Code Ann. § 77-13-2 (3). If Petitioner pleaded no contest to the charges, without having that plea held in abeyance, there would be no question that she would be ineligible for benefits under…”
— Utah Code § 77-13-2(2) — 1 case
Salzl v. Dep't of Workforce Servs., 122 P.3d 691 (Utah Ct. App. 2005). “and if accepted by the court shall have the same effect as a plea of guilty_” Utah Code Ann. § 77-13-2 (3). If Petitioner pleaded no contest to the charges, without having that plea held in abeyance, there would be no question that she would be ineligible for benefits under…”
— Utah Code § 77-13-2(3) — 3 cases
State v. Sery, 758 P.2d 935 (Utah Ct. App. 1988). “In Utah, this general rule regarding forfeiture of appellate review of an adverse ruling on a pre-plea motion to suppress applies with equal force to a defendant who enters an unconditional no contest plea, which "if accepted by the court shall have the same effect as a plea of…”
State v. Merrill, 2005 UT 34 (Utah 2005). “Merrill and entered a plea of guilty to aggravated murder pursuant to Utah Code section 77-13-2(3). ¶ 8 Nancy Beth Cohn, Ph.”
State v. Edwards, 2023 UT App 23 (Utah Ct. App. 2023). “As detailed in Part I, the court was not required to grant Edwards any additional time to prepare a written motion to withdraw his plea. Because Edwards has provided no other basis for withdrawing the plea, the plea accordingly stands.”
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