The Appellate Group

State v. Patton

State v. Patton, 2023 UT App 33 (Mortensen, J.)


In 2020, Patton picked up a prescription for his son and was later charged with possession of a controlled substance. Patton represented himself in the proceedings but missed most of his virtual trial. The judge found Patton guilty, and Patton later sent several letters to the court asking for counsel and a new trial on account of his “chemo brain.” On appeal, the Utah Court of Appeals vacated Patton’s conviction and sentence and remanded the case for a new trial because:

  • The district court did not perform an adequate Frampton colloquy to determine whether Patton’s waiver was knowing and intelligent.

Read the full court opinion