The Appellate Group

State v. Przybycien

State v. Przybycien, 2023 UT App 153 (Orme, J.)

Criminal Procedure

Defendant pled guilty to one count of child abuse homicide and one count of attempted sexual exploitation of a minor. Defendant did not file a timely notice of appeal. Two years later, Defendant filed a motion under Utah Rule of Appellate Procedure 4(f) asking to reinstate his time for appeal. The district court denied the motion. Defendant appealed, arguing he received ineffective assistance of counsel. The Utah Court of Appeals affirmed, holding:

  • The district court correctly denied the motion, and counsel did not perform deficiently in not consulting with the defendant post-sentence regarding his appeal prospects.
  • After the plea agreement, the right to appeal was limited to Defendant’s sentence. Defendant received a sentence for which he bargained as part of his plea, and the sentence was one that “should have been expected.”
  • Practice tip: When a defendant pleads guilty, he admits all essential elements of the charge crime and waives all nonjurisdictional defects. Thus, by the sentencing stage, any concerns regarding legal causation are resolved by virtue of the plea agreement.

Read the full court opinion