Utah Rule 23 - Mental
Illness and Motions to Arrest Judgment
Can mental illness serve as the basis for a motion to arrest
judgment in a criminal case?
Rule 23 of the Utah Rules of Criminal Procedure provides that a trial
court can enter an order arresting judgment in a
felony
or
misdemeanor
case "if the facts proved or admitted do not constitute a public
offense, or the defendant is mentally ill, or there is other good cause
for arrest of judgment." Issues relating to mental illness in criminal
cases are commonly raised in the context of a competency evaluation.
But they can also serve as the basis for an order to arrest judgment.
What constitutes "mental illness" under Utah law?
The term "mental illness" has different meanings in different contexts
under Utah law. Rule 23 of the Utah Rules of Criminal Procedure does
not give a definition for the term. However, Utah appellate court
decisions suggest that not all mental illness will satisfy the
requirements of Rule 23 or support a motion to arrest judgment.
In 1988, the Utah Supreme Court in the case of
State v. Cantu,
750 P.2d 591, addressed the appellant's contention that the trial court
had erred in denying the motion to arrest judgment following his
conviction at jury trial. The Supreme Court observed that although the
doctor examining the defendant had found him to be suffering from some
kind of mental illness, the doctor nevertheless found that the
defendant had a full appreciation of the nature and consequences of the
sentencing
process, and that the defendant had been able to comprehend the nature
of the proceedings at
trial
and had been able to assist his attorney in preparing his defense. In
other words, the doctor found that the defendant was competent
to proceed to sentencing, and had been competent at the time of trial.
It logically flows from the Supreme Court's reasoning that a person
must be found to have been incompetent at the time of trial (or at the
time of a plea) in order for mental illness to serve as the basis for
a motion to arrest judgment.
Who makes the motion to arrest judgment?
Most often, a motion to arrest judgment would be made by the defense.
However, if there are facts or information that are readily apparent to
the judge, the court may "upon its own initiative" (or "
sua sponte") enter
an order to arrest judgment.
When can a motion to arrest judgment be made?
A motion to arrest judgment must be made before sentence is imposed. If
a motion to arrest judgment is not made prior to sentencing, then the
trial court loses jurisdiction to hear the issue.
In some cases, the issues that would have been involved in a motion to
arrest judgment may still be addressed on direct
appeal.
However, in other cases, filing a motion to arrest judgment prior to
sentencing is necessary to create a record and preserve the issues for
appellate review. The best practice is to file a motion to arrest
judgment if there are facts or issues that support such a motion, and
not to just rely on the direct appeal process.
What is the effect of an order arresting judgment in a Utah
criminal case?
A trial court has several options in entering an order arresting
judgment. The court may order that the defendant be taken into custody
and held until a new trial is conducted. The court may also enter a
judgment of acquittal (essentially dismissing the case). In some cases,
jeopardy may have attached in a way that prevents retrial on the
original charges. Rule 23 also provides the court with relatively broad
discretion to enter "any other order as may be just and proper under
the circumstances."
How do I find a Utah criminal defense attorney in Salt Lake
City?

If
you are facing criminal charges in Utah, it is vital to have the
assistance of an
experienced
criminal defense attorney. Based in Salt Lake City,
criminal lawyer Stephen
Howard has handled thousands of serious felony and misdemeanor cases
during his career.
Contact us today to
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Full Text of Rule 23, Utah Rules of Criminal Procedure
"At any time prior to the imposition of sentence, the court upon its
own
initiative may, or upon motion of a defendant shall, arrest judgment if
the facts proved or admitted do not constitute a public offense, or the
defendant is mentally ill, or there is other good cause for the arrest
of judgment. Upon arresting judgment the court may, unless a judgment
of acquittal of the offense charged is entered or jeopardy has
attached, order a commitment until the defendant is charged anew or
retried, or may enter any other order as may be just and proper under
the circumstances."*
*Note that procedural rules are changed by the courts with some degree
of frequency. The information provided on this website is believed to
be accurate at the time of original publication. If you are facing
criminal prosecution in Utah, consultation with an experienced criminal
defense attorney is strongly advised.
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