Utah Criminal Sentencing
Appeals
Can I appeal a sentencing decision in a Utah criminal defense
case?
A defendant in a Utah criminal case has a
constitutionally protected right to
appeal the final order of the court
- including the court's
sentencing decision. However, the process for appealing a
sentence and the probability of success can vary dramatically depending
on whether the case began in a
district court or
justice court.
If you are facing an upcoming sentencing hearing or have been sentenced
in a Utah criminal case, the assistance of an
experienced criminal
defense attorney can be critical. Based in Salt Lake City,
criminal
lawyer Stephen Howard has the experience necessary to help you achieve
the
results you need.
Contact us now to arrange for an initial
consultation.
Utah Justice Court Sentencing Appeals
Under Utah law, justice courts are not considered to be "courts of
record." The appeal from a justice court sentencing decision is
therefore treated as a "de novo" proceeding, with the case being
transferred to the district court and a new judge. When a justice court
conviction and sentence are appealed, the defendant has the option of
demanding a new trial or appealing only the sentencing order from the
justice court.
If only the sentencing order is appealed to the district court, the
district court will hold a new sentencing hearing. The appeal from a
justice court sentence provides for a "de novo" hearing - meaning that
the district court will enter a new sentencing order without regard to
the decision of the justice court. To avoid a chilling effect on the
right to appeal, the district court is generally prohibited from
imposing a sentence more harsh than what the justice court imposed.
When appealing the entire conviction and demanding a new trial, the
trial in the district court will generally proceed without reference to
what happened in the justice court. One exception to this general rule
arises when a not guilty verdict was reached in the justice court on
only some of the charged offenses. In such circumstances, jeopardy has
attached to the convictions where an acquittal was obtained in the
justice court; the prosecutor cannot retry those charges in the
district court.
There can be advantages or disadvantages to appealing either a
sentencing order or the entire conviction, depending on the specific
circumstances of the case. To determine which option is most
appropriate for your case, you should consult with a criminal defense
lawyer.
Utah District Court Sentencing Appeals
The appeal process from the district court is much more complex, and
typically has a much lower rate of success than appeals from the justice
court. Whereas an appeal from the justice court gives the opportunity
for a "do-over" in the form of a de novo hearing, an appeal from the
district court requires that any issues be analyzed in detail and
presented with citation to supporting legal authority as part of a
formal legal briefing process. The prosecution will have the
opportunity to respond in a formal brief, with the defendant having the
final opportunity to reply in written brief form. Both parties will
normally also be allowed an opportunity to present oral arguments to
the Court of Appeals or Utah Supreme Court.
The fight to successfully appeal a sentence from the district court can
present a significant uphill battle. Utah's appellate courts have held
that district courts have wide latitude and discretion in determining
an appropriate sentence.
Courts
must proper procedural steps at a sentencing hearing, providing each
side with an opportunity to present appropriate information and
evidence. But so long as the court has complied with constitutional due
process protections and followed other legally required procedures, a
Utah appellate court will generally not reverse the sentencing court's
decision unless the appellate court finds that the sentence imposed is
"inherently unfair or clearly excessive." This is a high standard to
meet, and district court sentencing decisions are rarely reversed on
appeal.
Finding a Utah Criminal Appeals Attorney in Salt Lake City

The decision to
appeal
your case can have significant consequences, whether you are appealing
from a justice court or a district court order. Having the assistance
of an experienced criminal defense attorney can be critical. As a
Utah
criminal lawyer
based in Salt Lake City, Mr. Howard has handled appeals in cases ranging from homicide to DUI.
Contact us today to
schedule confidential consultation.
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