State v. Thurman
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The Supreme Court affirmed the judgment of the district court dismissing Appellant's motion brought under Utah R. Civ. P. 70(b) or, alternatively, as a motion for a misplea, arguing that the prosecution breached the parties' plea agreement, holding that Appellant's constitutional challenge to his guilty plea was properly considered only under the Post-Conviction Remedies Act (PCRA).
Appellant was charged with aggravated murder and other counts related to making and transporting a bomb. Pursuant to a plea agreement, Appellant pled guilty to depraved indifference murder. Twenty-three years later, Appellant brought this motion, arguing that there was no other available avenue for relief. The district court dismissed the motion. The Supreme Court affirmed, holding that Appellant's claim should have been brought under the PCRA.
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