State v. Brown
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The Supreme Court affirmed the judgment of the district court denying Defendant's motion to reinstate his right to appeal, holding that this Court lacked appellate jurisdiction.
Defendant was convicted and sentenced for child sodomy and child sex abuse. Several appellate proceedings later, Defendant filed this motion seeking to reinstate his appeal. The district court denied the motion and denied Defendant's invitation to strike down Utah's Plea Withdrawal Statute, Utah Code 77-13-6, as unconstitutional. The Supreme Court affirmed, holding that criminal defendants cannot raise untimely or unpreserved challenges through a Manning-like motion.
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