Utah Code » Title 77, Chapter 2a — Pleas in Abeyance
Utah Code

Utah Code § 77-2a-4 (2026)

Violation of plea in abeyance agreement -- Hearing -- Entry of judgment and imposition of sentence -- Subsequent prosecutions

✓ current as of May 2026
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If, at any time during the term of the plea in abeyance agreement, information comes to the attention of the prosecuting attorney or the court that the defendant has violated any condition of the agreement, the court, at the request of the prosecuting attorney, made by appropriate motion and affidavit, or upon its own motion, may issue an order requiring the defendant to appear before the court at a designated time and place to show cause why the court should not find the terms of the agreement to have been violated and why the agreement should not be terminated. If, following an evidentiary hearing, the court finds that the defendant has failed to substantially comply with any term or condition of the plea in abeyance agreement, it may terminate the agreement and enter judgment of conviction and impose sentence against the defendant for the offense to which the original plea was entered. Upon entry of judgment of conviction and imposition of sentence, any amounts paid by the defendant as a plea in abeyance fee prior to termination of the agreement shall be credited against any fine imposed by the court.
The termination of a plea in abeyance agreement and subsequent entry of judgment of conviction and imposition of sentence shall not bar any independent prosecution arising from any offense that constituted a violation of any term or condition of an agreement whereby the original plea was placed in abeyance.
Notes of Decisions
Cited in 7 cases, 2001–2015 · leading case: Layton City v. Stevenson, 2014 UT 37 (Utah 2014).
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Layton City v. Stevenson, 2014 UT 37 (Utah 2014). · cites it 8× “Stevenson has not argued that either plain error or exceptional circumstance justify review.”
Layton City v. Stevenson, 2013 UT App 67 (Utah Ct. App. 2013). · cites it 6× “” ¶ 7 Utah Code section 77-2a-4 sets forth the procedural requirements regarding plea in abeyance violations.”
State v. Turnbow, 21 P.3d 249 (Utah Ct. App. 2001). · cites it 2× “This is consistent with section 77-2a-4(1), which provides that the trial court does not enter a conviction when the plea is accepted.”
State v. Martin, 2012 UT App 208 (Utah Ct. App. 2012). “§ 77-2a-4. We affirm. 12 This case arises out of a dispute between neighbors.”
State v. Mooers, 2015 UT App 266 (Utah Ct. App. 2015). “§ 77-2a-4(1). 1 10 As Utah appellate courts have consistently explained, the plain language of these statutes provides that "[aleceptance of a plea in abeyance and the entry of judgment of conviction and the imposition of sentence are not simultaneous events.”
Salt Lake City v. N., 318 P.3d 775 (Utah Ct. App. 2013). · cites it 2× “T2 Utah Code section 77-2a-4(1) states, If, following an evidentiary hearing, the court finds that the defendant has failed to substantially comply with any term or condition of the plea in abeyance agreement, it may terminate the agreement and enter judgment of conviction and…”
Layton City v. Stevenson, 2014 UT 37 (Utah 2014). · cites it 11× “Stevenson also argues for the first time on appeal that section 77-2a-4 of the Utah Code, which governs violations of a plea in abeyance, is unconstitutionally vague.”
— Utah Code § 77-2a-4(1) — 5 cases
Layton City v. Stevenson, 2014 UT 37 (Utah 2014). “Stevenson has not argued that either plain error or exceptional circumstance justify review.”
State v. Turnbow, 21 P.3d 249 (Utah Ct. App. 2001). “This is consistent with section 77-2a-4(1), which provides that the trial court does not enter a conviction when the plea is accepted.”
State v. Mooers, 2015 UT App 266 (Utah Ct. App. 2015). “§ 77-2a-4(1). 1 10 As Utah appellate courts have consistently explained, the plain language of these statutes provides that "[aleceptance of a plea in abeyance and the entry of judgment of conviction and the imposition of sentence are not simultaneous events.”
Salt Lake City v. N., 318 P.3d 775 (Utah Ct. App. 2013). “T2 Utah Code section 77-2a-4(1) states, If, following an evidentiary hearing, the court finds that the defendant has failed to substantially comply with any term or condition of the plea in abeyance agreement, it may terminate the agreement and enter judgment of conviction and…”
Layton City v. Stevenson, 2014 UT 37 (Utah 2014). “Stevenson also argues for the first time on appeal that section 77-2a-4 of the Utah Code, which governs violations of a plea in abeyance, is unconstitutionally vague.”
— Utah Code § 77-2a-4(2) — 3 cases
Layton City v. Stevenson, 2014 UT 37 (Utah 2014). “Stevenson has not argued that either plain error or exceptional circumstance justify review.”
Layton City v. Stevenson, 2013 UT App 67 (Utah Ct. App. 2013). “” ¶ 7 Utah Code section 77-2a-4 sets forth the procedural requirements regarding plea in abeyance violations.”
Layton City v. Stevenson, 2014 UT 37 (Utah 2014). “Stevenson also argues for the first time on appeal that section 77-2a-4 of the Utah Code, which governs violations of a plea in abeyance, is unconstitutionally vague.”
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