Opinion
Case No. 20040671-CA.
Filed October 28, 2004. (Not For Official Publication).
Appeal from the Second District, Ogden Department, The Honorable Roger S. Dutson.
Aaron L. Helbach, Gunnison, Appellant Pro Se.
Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee.
Before Judges Bench, Davis, and Orme.
MEMORANDUM DECISION
Aaron Helbach appeals the trial court's denial of his motion to be resentenced. This is before the court on the State's motion for summary disposition based on lack of jurisdiction.
Helbach pleaded guilty to a charge of aggravated robbery in August 2003. Helbach completed a statement in support of his guilty plea, giving the factual basis for his plea and waiving specific rights, including his right to appeal. The document also specified that he could withdraw his plea only on good cause shown, and that he must file a motion to withdraw his plea before the announcement of sentence. Helbach was sentenced in September 2003.
In March 2004, Helbach filed a motion for resentencing in the trial court in his criminal case. Helbach asserted that he was incompetent at the time of his plea, and thus the plea was invalid. The trial court denied the motion on its merits, finding there was no indication that Helbach was not fully capable of entering a knowing and voluntary plea, and that the mental evaluation from the State did not indicate any disorder that would impact his competency. The trial court also noted the motion was filed several months after sentencing, but did "not address [the] timeliness of the Motion."
Helbach asserts that his motion was filed "under the philosophy" of State v. Rees, 2003 UT App 4, 63 P.3d 120,cert. granted, 73 P.3d 946 (Ut