State of Utah v. Featheston

Salt Lake City, Utah, criminal defense lawyers represented the Defendant charged with aggravated kidnapping based on an unlawful detention.

Reported by Kent Morlan

The power to define crimes and fix their penaltiesis the “prerogative of the legislature.” State v. Tapp, 490P.2d334, 336 (Utah 1971). At the time Featherston was resentenced,the legislature had classified aggravated kidnapping based on unlawful detention as afirst-degree felony.UTAH CODE§76-5-302(3) (2018). After his resentencing,but before his appeal was final, the legislature amended section 76-5-302 to reduce this form of aggravated kidnapping to a third-degree felony. SeeAggravated Kidnapping Amendments, ch. 106 §1, 2019 Utah Laws 56.

The Defendant was found guilty and was sentenced to 15 years in prison.

Under Utah law,the general savings statute and Utah's precedent interpreting it provide that a criminal penalty is incurred at sentencing and is preserved regardless of later ameliorative amendments. Thus, the general savings statute conflicts with the amelioration doctrine. Because Featherston was sentenced before the amendment reducing the aggravated kidnapping penalty took effect, he is not eligible for resentencing.

Affirmed