State v. Yeck, s. 14826
| Decision Date | 06 July 1977 |
| Docket Number | Nos. 14826,14831,s. 14826 |
| Citation | 566 P.2d 1248 |
| Parties | STATE of Utah, Plaintiff and Respondent, v. Jerome YECK, Defendant and Appellant. |
| Court | Utah Supreme Court |
John T. Caine, of Richards, Caine & Richards, Ogden, for defendant and appellant.
Vernon B. Romney, Atty. Gen., William W. Barrett, Robert L. Stott, Asst. Attys. Gen., R. Paul VanDam, Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.
This is a consolidated appeal whereby the appellant appeals from an order denying his motion to withdraw his guilty plea to the charge of theft by deception, a third degree felony, in the Second Judicial District Court, Weber County, State of Utah; and from an order denying his motion to withdraw his guilty plea to the charge of theft by deception, a second degree felony, in the Third Judicial District Court, Salt Lake County, State of Utah. His motion to withdraw his guilty plea in the Second Judicial District Court was denied and he was sentenced to a term in the Utah State Prison not exceeding five years. His motion to withdraw his guilty plea in the Third Judicial District Court was denied, and he was sentenced to a term in the Utah State Prison of one to fifteen years. In each case the execution of the sentence was stayed pending an appeal.
In addition to the charge in Weber County, there was another charge pending in Ogden City Court of Weber County whereby appellant was accused of obtaining money by false pretenses. There was also a complaint pending in Salt Lake City Court wherein the appellant was charged with one count of forgery and two counts of theft by deception. At the time of arraignment, the appellant was informed that the office of the Utah State Attorney General had received complaints of other white-collar crimes on the part of appellant and that additional felony charges might be instituted.
After a jury was sworn in the Second District Court, Mr. Yeck, through counsel, moved to withdraw his plea of not guilty and to substitute a plea of guilty. The court went into great detail relating to the proposed change of plea. It is very clear that the plea of guilty was voluntarily and intelligently made. Counsel for Mr. Yeck stated that not only was the plea of guilty to be made with his concurrence, but it was to be made with his advice.
In the Third Judicial District Court, on motion of the prosecution, the forgery count and one count of theft by deception were dismissed, and Mr. Yeck was permitted to enter a plea of guilty to the second-degree felony count of theft by deception. This plea was also entered upon advice of his counsel. While the details of the...
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State v. Sery
...to appeal all pre-trial rulings. The State argues that, under State v. Beck, 584 P.2d 870 (Utah 1978) (per curiam), and State v. Yeck, 566 P.2d 1248 (Utah 1977), a defendant cannot plead guilty and then base an appeal on alleged errors other than the voluntariness of the plea. In Yeck, the ......
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