The right to appeal following a Utah district court criminal conviction includes the right to challenge the sentence that was imposed. However, the standard of review on appeal should be considered before deciding whether to appeal and what specific issues to raise.
Abuse of Discretion Standard
Utah’s appellate courts will review sentencing decisions from the district court with “deference” — meaning that they will normally overturn a sentence only if the sentence is so “inherently unfair” that it constitutes an abuse of discretion by the trial court judge.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Utah’s Supreme Court has stated that a sentencing decision “reflects the personal judgment of the court” and should be overturned only when the sentence is “clearly excessive” or “inherently unfair.” This standard applies to both felony and misdemeanor convictions arising in the district court.
Reviewing for Correctness
A narrow exception exists in the appellate standard of review when the district court’s sentencing order is outside the limits of what is allowed by law. Cases in which a trial court imposes an illegal sentence are rare and may arise when the legislature makes a change to the statutory mandatory sentencing requirements or changes the level of the offense that was enacted by the legislature between the time the original offense occurred and the time the court imposes sentence.
Utah courts have held that constitutional principles of due process require a sentencing court to give a defendant the benefit of being sentenced at the reduced offense level when the legislature amends the statute. The reverse, however, is not true. If the legislature enacts laws that increase the penalty for a offense, a defendant is entitled to be sentenced under the original, lower, sentencing requirements.
The best attorneys understand your case involves more than just what happens in court.
De Novo Appeal from Justice Court
Misdemeanor appeals from a justice court involve a de novo review by the district court. This means that the district court essentially starts from square one in a criminal case. A timely appeal following a conviction and sentencing in the justice court normally involves the right to a new trial in the district court, and sentencing (if a defendant is convicted again) without any deference to the sentencing decisions of the justice court.
Relevant Utah Appellate Court Case Opinions
- State v. Costello, 2025 UT App 44
- State v. Martin, 2017 UT 63
- State v. Helms, 2002 UT 12
