Utah Code
Utah Code § 77-13-6 (2026)
Withdrawal of a plea
✓ laws through the 2026 General Session (checked Sept. 2026)
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A defendant may withdraw a plea of not guilty at any time before conviction.
A defendant may only withdraw a plea of guilty or no contest upon:
a leave of the court; and
a showing that the defendant did not knowingly or voluntarily make the plea.
A defendant shall make a motion to withdraw a plea of guilty or no contest in accordance with Rule 11 of the Utah Rules of Criminal Procedure.
Amended by Chapter 358, 2025 General Session
Notes of Decisions
Cited in 147
cases (19 in the last 5 years), 1987–2025 · leading case: State v. Merrill, 2005 UT 34, 114 P.3d 585.
State v. Merrill, 2005 UT 34, 114 P.3d 585. “Merrill’s recent discovery of Zoloft’s side effects. Relying on Utah Code section 77-13-6(2)(b), which states that all motions to withdraw a guilty plea must be filed within thirty days, Utah Code Ann.”
State v. Rettig, 2017 UT 83, 416 P.3d 520. “He also asserts a claim for ineffective assistance of counsel.”
State v. Rettig, 2017 UT 83. “Recognizing that this court has long held that it cannot review a defendant’s guilty plea unless he has complied with Utah’s Plea Withdrawal Statute, UTAH CODE § 77-13-6, Rettig also challenges this statute as unconstitutional.”
State v. Smith, 812 P.2d 470 (Utah Ct. App. 1991). “" Utah Code Ann. § 77-13-6 (1982). This statute was construed as providing a limitless period in which to move to withdraw a plea.”
State v. Ruiz, 2009 UT App 121, 210 P.3d 955. “According to the State, the current version of Utah Code section 77-13-6 (the current statute), see Utah Code Ann. § 77-13-6 (2008), has made the notion that such motions should be liberally granted "obsolete," for two reasons.”
State v. Price, 837 P.2d 578 (Utah Ct. App. 1992). “TIMELINESS OF MOTION TO WITHDRAW GUILTY PLEA The State argues the trial court lacked jurisdiction to consider defendant's pro se *582 motion to withdraw his guilty plea because defendant did not file his motion within thirty days of the plea proceeding, pursuant to Utah Code…”
State v. Ott, 2010 UT 1, 247 P.3d 344. “OTT FAILED TO MOVE THE COURT TO WITHDRAW HIS PLEA ¶ 17 Utah Code section 77-13-6 (2008) governs the withdrawal of guilty pleas, including the Alford plea in Mr.”
State v. Alexander, 2012 UT 27, 279 P.3d 371. “See Utah Code § 77-13-6; see also State v. Gallegos, 738 P.”
State v. Gailey, 2016 UT 35, 379 P.3d 1278. “Gailey now wishes to challenge her plea as unknowing and involuntary, but Utah Code section 77-13-6 (Plea Withdrawal Statute) cuts off a defendant’s right to a direct appeal once sentencing is announced, requiring the defendant instead to pursue plea withdrawal claims…”
Grimmett v. State, 2007 UT 11, 152 P.3d 306. “" Utah Code Ann. § 77-13-6 (1982) (amended 1989 & 2008); see also State v.”
State v. Abeyta, 852 P.2d 993 (Utah 1993). “Relying on Utah Code Ann. § 77-13-6 (2)(b) (1989) (the plea statute), the trial court dismissed the motion for lack of jurisdiction inasmuch as it was brought more than thirty days after the entry of Abeyta's plea.”
State v. Allgier, 2017 UT 84, 416 P.3d 546. “The district court denied his motion because, as provided by the Plea Withdrawal Statute, Utah Code section 77-13-6, "[a] request to withdraw a plea of guilty or no contest .”
Utah Code § 77-13-6(1): 5 cases
State v. Rettig, 2017 UT 83, 416 P.3d 520. “He also asserts a claim for ineffective assistance of counsel.”
State v. Rettig, 2017 UT 83. “Recognizing that this court has long held that it cannot review a defendant’s guilty plea unless he has complied with Utah’s Plea Withdrawal Statute, UTAH CODE § 77-13-6, Rettig also challenges this statute as unconstitutional.”
State v. Rippey, 2024 UT 45, 589 P.3d 675.
State v. Rettig, 2017 UT 83.
Spring v. State of Utah, No. 2:23-cv-00880 (D. Utah Sept. 4, 2025).
Utah Code § 77-13-6(2): 15 cases
State v. Merrill, 2005 UT 34, 114 P.3d 585. “Merrill’s recent discovery of Zoloft’s side effects. Relying on Utah Code section 77-13-6(2)(b), which states that all motions to withdraw a guilty plea must be filed within thirty days, Utah Code Ann.”
State v. Tenorio, 2007 UT App 92, 156 P.3d 854.
State v. Rettig, 2017 UT 83, 416 P.3d 520. “He also asserts a claim for ineffective assistance of counsel.”
State v. Abeyta, 852 P.2d 993 (Utah 1993). “Relying on Utah Code Ann. § 77-13-6 (2)(b) (1989) (the plea statute), the trial court dismissed the motion for lack of jurisdiction inasmuch as it was brought more than thirty days after the entry of Abeyta's plea.”
State v. Rettig, 2017 UT 83. “Recognizing that this court has long held that it cannot review a defendant’s guilty plea unless he has complied with Utah’s Plea Withdrawal Statute, UTAH CODE § 77-13-6, Rettig also challenges this statute as unconstitutional.”
Utah Code § 77-13-6(2)(a): 18 cases
State v. Alexander, 2012 UT 27, 279 P.3d 371. “See Utah Code § 77-13-6; see also State v. Gallegos, 738 P.”
State v. Rettig, 2017 UT 83, 416 P.3d 520. “He also asserts a claim for ineffective assistance of counsel.”
State v. Rettig, 2017 UT 83. “Recognizing that this court has long held that it cannot review a defendant’s guilty plea unless he has complied with Utah’s Plea Withdrawal Statute, UTAH CODE § 77-13-6, Rettig also challenges this statute as unconstitutional.”
State v. Allgier, 2017 UT 84, 416 P.3d 546. “The district court denied his motion because, as provided by the Plea Withdrawal Statute, Utah Code section 77-13-6, "[a] request to withdraw a plea of guilty or no contest .”
State v. Ruiz, 2009 UT App 121, 210 P.3d 955. “According to the State, the current version of Utah Code section 77-13-6 (the current statute), see Utah Code Ann. § 77-13-6 (2008), has made the notion that such motions should be liberally granted "obsolete," for two reasons.”
Utah Code § 77-13-6(2)(b): 47 cases
State v. Merrill, 2005 UT 34, 114 P.3d 585. “Merrill’s recent discovery of Zoloft’s side effects. Relying on Utah Code section 77-13-6(2)(b), which states that all motions to withdraw a guilty plea must be filed within thirty days, Utah Code Ann.”
State v. Price, 837 P.2d 578 (Utah Ct. App. 1992). “TIMELINESS OF MOTION TO WITHDRAW GUILTY PLEA The State argues the trial court lacked jurisdiction to consider defendant's pro se *582 motion to withdraw his guilty plea because defendant did not file his motion within thirty days of the plea proceeding, pursuant to Utah Code…”
Grimmett v. State, 2007 UT 11, 152 P.3d 306. “" Utah Code Ann. § 77-13-6 (1982) (amended 1989 & 2008); see also State v.”
State v. Ostler, 2001 UT 68, 31 P.3d 528.
State v. Rettig, 2017 UT 83, 416 P.3d 520. “He also asserts a claim for ineffective assistance of counsel.”
Utah Code § 77-13-6(2)(c): 21 cases
State v. Rettig, 2017 UT 83, 416 P.3d 520. “He also asserts a claim for ineffective assistance of counsel.”
State v. Rettig, 2017 UT 83. “Recognizing that this court has long held that it cannot review a defendant’s guilty plea unless he has complied with Utah’s Plea Withdrawal Statute, UTAH CODE § 77-13-6, Rettig also challenges this statute as unconstitutional.”
State v. Gailey, 2016 UT 35, 379 P.3d 1278. “Gailey now wishes to challenge her plea as unknowing and involuntary, but Utah Code section 77-13-6 (Plea Withdrawal Statute) cuts off a defendant’s right to a direct appeal once sentencing is announced, requiring the defendant instead to pursue plea withdrawal claims…”
State v. Merrill, 2005 UT 34, 114 P.3d 585. “Merrill’s recent discovery of Zoloft’s side effects. Relying on Utah Code section 77-13-6(2)(b), which states that all motions to withdraw a guilty plea must be filed within thirty days, Utah Code Ann.”
State v. Flora, 2020 UT 2, 459 P.3d 975.
Utah Code § 77-13-6(2)(c)(2024): 1 case
Spring v. State of Utah, No. 2:23-cv-00880 (D. Utah Sept. 4, 2025).
Utah Code § 77-13-6(2)(e): 1 case
State v. Cline, 2017 UT App 50, 397 P.3d 652.
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