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State v. Ciccolelli

Court of Appeals of Utah

June 13, 2019

State of Utah, Appellee,
v.
Michael John Ciccolelli, Appellant.

          Third District Court, Salt Lake Department The Honorable Ann Boyden No. 171904131

          Andrea J. Garland and Isaac E. McDougall, Attorneys for Appellant

          Sean D. Reyes and Lindsey L. Wheeler, Attorneys for Appellee

          Judge Jill M. Pohlman authored this Opinion, in which Judges Michele M. Christiansen Forster and Ryan M. Harris concurred.

          POHLMAN, JUDGE:

         ¶1 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 affirm.

         BACKGROUND

         ¶2 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.

         ¶3 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, 2017.

         ¶4 At the July 3 hearing, Ciccolelli pleaded guilty to the first three charges.[1] 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 ...

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