17-7-93. Reading of indictment or accusation; entry of plea; acceptance of guilty plea; withdrawal of guilty plea.

Upon the arraignment of a person accused of committing a crime, the indictment or accusation shall be read to him and he shall be required to answer whether he is guilty or not guilty of the offense charged, which answer or plea shall be made orally by the accused person or his counsel.#

If the person pleads “guilty,” the plea shall be immediately recorded on the minutes of the court by the clerk, together with the arraignment; and the court shall pronounce the judgment of the law upon the person in the same manner as if he or she had been convicted of the offense by the verdict of a jury. At any time before judgment is pronounced, the accused person may withdraw the plea of “guilty” and plead “not guilty.”#

In addition to any other inquiry by the court prior to acceptance of a plea of guilty, the court shall determine whether the defendant is freely entering the plea with an understanding that if he or she is not a citizen of the United States, then the plea may have an impact on his or her immigration status. This subsection shall apply with respect to acceptance of any plea of guilty to any state offense in any court of this state or any political subdivision of this state.#

After the entry of a guilty plea which results in a conviction, a person may file a motion to withdraw such plea within 30 days of the entry of such judgment or within the term of court in which such plea was entered, whichever is later; provided, however, that such motion to withdraw shall toll the applicable statute of limitations and statutory demand for speedy trial from the date of the plea until the resolution of the motion to withdraw.#