State v. Maguire

ON CERTIORARI TO THE UTAH COURT OF APPEALS

PER CURIAM:

On August 10, 1988, defendant Brian E. Maguire filed a motion to withdraw his no-contest plea to a charge of aggravated assault. The motion was denied. Defendant successfully appealed from the denial of that motion. In an unpublished memorandum decision, the court of appeals ruled that the trial court failed to strictly comply with rule 11 of the Utah Rules of Criminal Procedure and with State v. Gibbons, 740 P.2d 1309 (Utah 1987). The State petitioned for certiorari, which we granted, asking this court to decide whether the court of appeals had erroneously interpreted Gibbons.

In Gibbons, this court adopted a “strict compliance” test which superseded the “record as a whole” test traditionally applied on review in cases dealing with knowing and voluntary guilty pleas.

On July 3, 1991, this court issued its decision in State v. Hoff, 814 P.2d 1119 (Utah 1991), which is dispositive of the issue presented in this case.

The decision of the court of appeals vacating defendant’s conviction and remanding the case for a withdrawal of plea is affirmed.