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State of Utah, Plaintiff and Appellee, v. Michael A. Bacon, Defendant and Appellant.

MEMORANDUM DECISION

PER CURIAM:

Michael A. Bacon appeals his conviction after a guilty plea. Bacon's counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Because this court lacks jurisdiction over the challenge to Bacon's guilty plea, we must dismiss the appeal for lack of jurisdiction and do not consider the sufficiency of the Anders brief nor the merit of the issues raised therein.

Utah Code section 77-13-6 requires that a defendant file a motion to withdraw his guilty plea before his or her sentence is announced.See Utah Code Ann. § 77-13-6(2)(b) (2007). If a motion to withdraw a guilty plea is not timely filed, the appellate court lacks jurisdiction to review the plea, "even on the basis of ineffective assistance of counsel." State v. Briggs, 2006 UT App 448, ¶ 6, 147 P.3d 969. Bacon did not move to withdraw his guilty plea in a timely manner. Thus, this court lacks jurisdiction to consider his appeal. Accordingly, Bacon's appeal is dismissed.

William A. Thorne Jr., Associate Presiding Judge, Russell W. Bench, Judge, Gregory K. Orme, Judge.

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STATE v. BACON
(Mar 6, 2008)