-- Prosecutor to examine defendant's record. (1) An entry of a plea of guilty or no contest to a criminal charge under Section 41-6a-502 is invalid unless the prosecutor agrees to the plea: (a) in open court; (b) in writing; or (c) by another means of communication which the court finds adequate to record the prosecutor's agreement. (2) (a) Prior to agreeing to a plea of guilty or no contest under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant to determine if the defendant's record contains a conviction, arrest, or charge for: (i) more than one prior violation within the previous 10 years of any offense that, if the defendant were convicted, would qualify as a conviction as defined in Subsection 41-6a-501(2); (ii) a felony violation of: (A) Section 41-6a-502; or (B) Section 76-5-102.1; or (iii) a violation of Section 76-5-207. (b) If the defendant's record contains a conviction or unresolved arrest or charge for an offense listed in Subsection (2)(a), a plea may only be accepted if: (i) approved by: (A) a district attorney; (B) a deputy district attorney; (C) a county attorney; (D) a deputy county attorney; (E) the attorney general; or (F) an assistant attorney general; and (ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.