Frank Myar. This is case number 241-90810 0. Do we have appearances, please? >> Richard Van Wagner are here on behalf of Mr. Myar who is present. >> Philip Pandos for the state. >> All right, Mr. Milar, welcome. Uh, the case is set for a disposition hearing. Uh, what are we going to do today? >> Your honor, we have a resolution. Uh, the resolution is that Mr. Myar will plea enter a guilty plea to a class A misdemeanor. um to the parties will jointly ask the court to hold in obeyance uh for 12 months. Um there is no obeyance fee. He has agreed not to run for public office and he agrees to accept two pro bono cases during the obeyance period, your honor. Uh and the crime to which he's entering a plea is attempted bribery in elections. >> Okay. So just an attempt of the offense that's charged. >> That's correct. >> Okay. All right. Is it your desire to enter a guilty plea today, Mr. Miller? >> Yes, your honor. >> Are you under the influence of alcohol or drugs? >> No. >> Are you thinking clearly? >> Yes. >> All right. This case has been bound over and is properly before me. Do you read, speak, and understand the English language? >> Yes. >> Did you read the statement a defendant Mr. Vanwagner filled out discussing your plea? >> Yes. >> Did he go over that with you and explain it to you? >> Yes. >> Did you understand it? >> Yes. >> Did you have any questions about it that he could not answer to your satisfaction? >> No. >> Do you understand if you plead guilty, you'll sign that and be legally bound by its contents? Yes. >> Are you satisfied with the legal counsel you've received? >> Yes. >> All right. If you plead guilty to one count of attempted bribery in elections as a class A misdemeanor that carries a potential sentence of up to 364 days in the Salt Lake County Jail and a potential fine of up to $4,750, including sir charges. You understand that? >> Yes. >> Also, if you plead guilty to this charge and later in the future you're charged with other things, depending on what they are, the future charges could be more serious because of your plea today. Do you understand that? If you plead guilty, you'll give up certain important rights which include the right to a speedy public trial before an impartial jury. At the trial, you would uh be presumed innocent. The state would have the burden of proving you guilty beyond a reasonable doubt. You'd have the right to confront and cross-examine the state's witnesses against you at trial. You'd have the right to call your own witnesses and compel them to attend the trial at no cost to you. You'd have the right to remain silent. You would not have to testify, nor do you have to speak today if you don't want to. Your silence cannot be used against you. But you could testify at trial if you chose to. The jury would have to find you guilty unanimously for you to be convicted. And if you were convicted, you could appeal your conviction to an appellet court. If you plead guilty, you'll keep a limited right to appeal your sentence, but it would be more narrow than your appeal right would be if you went to trial. All these rights are guaranteed to you by the Constitution. Do you understand those rights? >> Yes. >> Do you understand you'll give them up if you plead guilty? >> Yes. >> I make no assumption regarding your immigration status, but if you were a non- US citizen and you plead guilty, you could face negative immigration consequences, possibly up to and including being deported from the United States. Do you understand that? >> Yes. >> With everything in mind that we've discussed, do you still want to enter this plea? >> Yes. >> Did you make this decision of your own free choice? >> Yes. >> Has anyone made any promises to you that are not contained in the statement of defendant or has anyone threatened you to get you to do this? >> No. >> All right. Could you furnish a factual basis, please, Mr. V? >> Your honor, on um and this is just to confirm a plea in abance. >> Yeah. A plea in abance to dismiss, right? >> Yes. At the end of the 12 months, uh, on April 19th, 2024, he attempted to offer an office in exchange for an individual support in an election. >> All right. Did you admit those facts? >> Yes. >> Do you understand if you went to trial in this case, those facts are the same things the state would have to prove beyond a reasonable doubt for you to be convicted? >> Yes. >> Are you pleading guilty to this charge because you're guilty of it? >> Yes. >> All right. Then count one, as amended, attempted bribery and elections, a class A misdemeanor. How do you plead? I'm guilty. >> I accept your plea. I find it was knowingly, voluntarily, and intelligently made. Go ahead and sign the statement of defendant. I will amend the information by interineation. I'm signing the statement of defendant. Also, it's incorporated into the plea colloquy by reference. You have the right to file a motion to withdraw your plea within 30 days. If you were to file a motion like that, you'd have to show the court there's a legal basis to withdraw the plea, meaning that it was not knowing or voluntary for some reason. You understand that? >> I do. >> You also have the right to be sentenced in not less than two days, nor more than 45 days. But, uh, as you know, with respect to a plea in obeyance, the hope is that we won't have to sentence you. You'll complete the obeyance agreement and then the case can be dismissed. But if you were to violate the agreement and we had to enter your conviction and sentence you, that would likely be more than 45 days from now. So, for this arrangement to work out, you'd have to give up your right to be sentenced within 45 days. Yes. >> Are you willing to do that? >> Yes. >> All right. Then with that waiver, we'll hold your plea in abance for a period of 12 months. Uh the conditions are that you're to exhibit good behavior during that period, meaning that you're not to violate any laws, not come before this court or any other court on anything other than a minor traffic violation. Uh you're not to run for public office during the advance period. Uh and you will accept two proono cases and handle them in your role as an attorney uh during the advance period. Uh and why don't we set a review hearing? Should we go out and do it in about a year? >> That would be great, your honor. Yes, honor. >> All right. So, why don't we go to the >> Let's go to the December review hearing date in 2026. >> So, December 4th at 1 p.m. Would that work for everyone? >> Yes, the honor. That works for the states. >> All right. Uh well, uh so, Mr. Miler, I'm glad we could get this this case resolved. Um this is uh an outcome that will allow you to uh sort of reflect upon things um and clear things up uh and not have it follow you around as a criminal record. I hope it's been a learning experience for you and we'll see you at that review hearing on December 4th. Okay. >> Thank you. >> All right. Thanks very much. >> It's at 1:00. >> Oh, >> yeah. 1 p.m. >> Thank you, your honor. Appreciate it. Happy New Year everyone, everyone. Thank you.