District Court, Salt Lake Department The Honorable Ann Boyden
J. Garland and Isaac E. McDougall, Attorneys for Appellant
D. Reyes and Lindsey L. Wheeler, Attorneys for Appellee
Jill M. Pohlman authored this Opinion, in which Judges
Michele M. Christiansen Forster and Ryan M. Harris concurred.
Michael John Ciccolelli pleaded guilty to charges relating to
his receipt of stolen property, unlawful possession of a
firearm, and driving under the influence. He later sought to
withdraw his guilty pleas, claiming that they were not
knowingly and voluntarily made because he was under the
influence of drugs at his plea hearing. The district court
denied his motion to withdraw. Ciccolelli appeals, and we
After receiving a welfare call on January 25, 2017, police
officers found Ciccolelli in his car with drug paraphernalia
in plain view. The officers searched the vehicle and found a
stolen handgun in the center console. Ciccolelli also
admitted to the officers that he had recently used marijuana
and opioids and had been driving.
Ciccolelli was charged with theft by receiving stolen
property, possession of a firearm by a restricted person,
driving under the influence, and possession of drug
paraphernalia. Ciccolelli was arrested and booked into jail
on June 23, 2017, and a hearing was scheduled for July 3,
At the July 3 hearing, Ciccolelli pleaded guilty to the first
three charges. In exchange, the
State dropped the fourth charge. The district court conducted
the following colloquy with Ciccolelli:
The Court: Okay. All right, Mr. Ciccolelli, are you thinking
clearly right now?
Ciccolelli: Yes, ma'am.
The Court: Have you been able to go over all of this with