Date: 12-03-2024

Case Style:

State of Utah v. Michael Jerry Felts

Case Number: 151400209

Judge: L. Douglas Hogan

Court: Third District Court, West Jordan, Salt Lake County, Utah

Plaintiff's Attorney: Salt Lake County, Utah District Attorney's Office

Defendant's Attorney:

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Description:

West Jordan, Utah criminal defense lawyer represented the Defendant charged with assault.

Michael Jerry Felts pled guilty, in 2015, to one count of assault against a police officer and one count of failure to stop or respond at the command of police. The State sought restitution against Felts for the damage caused to at least one police vehicle during the police pursuit of Felts. At his sentencing, the district court referred the question of restitution to the Board of Pardons and Parole (the Board). In June 2021, the Board ordered Felts to pay restitution. At that time, Utah law allowed the Board to issue restitution orders and prohibited courts from reviewing them.

After Felts's sentencing, but before the Board issued its restitution order, the Utah Legislature changed Utah's restitution scheme. The amendments eliminated the Board's authority to issue restitution orders and removed restitution from the list of Board determinations that were final and not subject to judicial review.

Felts objected to the Board's restitution order in the district court. The court held that it lacked jurisdiction to review the Board's order. The court of appeals affirmed. Felts argues that the amendments give the district court the authority to review the Board's restitution order and that the amendments can be applied retroactively to his case.

State v. Felts, 2024 UT 41, 20230654 (Utah Nov 29, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: