Utah Code

Utah Code § 77-2a-1 (2026)

Definitions

✓ laws through the 2026 General Session (checked Sept. 2026)
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As used in this chapter:

"Criminal conduct" means the same as that term is defined in Section 77-38b-102.
"Pecuniary damages" means the same as that term is defined in Section 77-38b-102.
"Plea in abeyance" means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement.
"Plea in abeyance agreement" means an agreement entered into between the prosecuting attorney and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance.
"Restitution" means the same as that term is defined in Section 77-38b-102.
"Victim" means the same as that term is defined in Section 77-38b-102.

Amended by Chapter 113, 2023 General Session

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1996–2022 · leading case: Layton City v. Stevenson, 2014 UT 37, 337 P.3d 242.
Layton City v. Stevenson, 2014 UT 37, 337 P.3d 242. · cites it 3× “See Uran R.Crim. P. 11(e). 4 . Mr. Stevenson has not argued that his plea was either unknowing or involuntary.”
State v. Moss, 921 P.2d 1021 (Utah Ct. App. 1996). · cites it 3× “[7] In pertinent part, section 77-2a-1(1), defining "plea in abeyance," provides that upon the trial court's acceptance of a plea in abeyance agreement, the entry of judgment and the imposition of sentence are stayed pending the defendant's successful completion of the terms of…”
State v. Argueta, 2020 UT 41, 469 P.3d 938. “” UTAH CODE § 77-2a-1(1). 4 Cite as: 2020 UT 41 Opinion of the Court violate Argueta’s right to remain silent when, during cross-examination and closing arguments, she commented on the omissions in his initial statement at the scene.”
Meza v. State, 2015 UT 70, 359 P.3d 592. “§ 77-2a-1(1). A court may hold a plea in abeyance “[a]t any time after acceptance of a plea of guilty or no contest but prior to entry of judgment of conviction and imposition of sentence.”
State v. Turnbow, 2001 UT App 59, 21 P.3d 249. “§§ 77-2a-1 to -4 (1999) (setting forth statutory provisions governing pleas in abeyance), with id.”
Hall v. Brown, No. 2:20-cv-00674 (D. Utah Aug. 29, 2022). · cites it 2× “Hall pled no contest to assaulting a peace officer, and his plea was held in abeyance pursuant to Utah Code § 77-2a-1. See id. The other counts were dismissed with prejudice.”
Layton City v. Stevenson, 2014 UT 37. · cites it 3× “‖ UTAH CODE § 77-2a-1(1). As is the case in other plea settings, judges are charged with ensuring that defendants understand they are waiving important rights by entering a plea in abeyance.”
Utah Code § 77-2a-1(1): 5 cases
State v. Moss, 921 P.2d 1021 (Utah Ct. App. 1996). “[7] In pertinent part, section 77-2a-1(1), defining "plea in abeyance," provides that upon the trial court's acceptance of a plea in abeyance agreement, the entry of judgment and the imposition of sentence are stayed pending the defendant's successful completion of the terms of…”
State v. Argueta, 2020 UT 41, 469 P.3d 938. “” UTAH CODE § 77-2a-1(1). 4 Cite as: 2020 UT 41 Opinion of the Court violate Argueta’s right to remain silent when, during cross-examination and closing arguments, she commented on the omissions in his initial statement at the scene.”
Meza v. State, 2015 UT 70, 359 P.3d 592. “§ 77-2a-1(1). A court may hold a plea in abeyance “[a]t any time after acceptance of a plea of guilty or no contest but prior to entry of judgment of conviction and imposition of sentence.”
Layton City v. Stevenson, 2014 UT 37, 337 P.3d 242. “See Uran R.Crim. P. 11(e). 4 . Mr. Stevenson has not argued that his plea was either unknowing or involuntary.”
Layton City v. Stevenson, 2014 UT 37. “‖ UTAH CODE § 77-2a-1(1). As is the case in other plea settings, judges are charged with ensuring that defendants understand they are waiving important rights by entering a plea in abeyance.”
Utah Code § 77-2a-1(2): 2 cases
Layton City v. Stevenson, 2014 UT 37, 337 P.3d 242. “See Uran R.Crim. P. 11(e). 4 . Mr. Stevenson has not argued that his plea was either unknowing or involuntary.”
Layton City v. Stevenson, 2014 UT 37. “‖ UTAH CODE § 77-2a-1(1). As is the case in other plea settings, judges are charged with ensuring that defendants understand they are waiving important rights by entering a plea in abeyance.”
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