Utah Supreme Court considers whether reduced penalties apply when law changes during appeal

The Utah Supreme Court heard argument in State v. Featherston over whether a defendant whose direct appeal is pending is entitled to a reduced sentence when the Legislature reduces the statutory penalty for the offense during the appeal.

Benjamin Miller, arguing for James Featherston, told the court the answer should be yes. Miller said the common-law amelioration doctrine and Utah precedents favor applying a more lenient statutory penalty that takes effect before a case becomes final. "If the sentence is illegal, it's illegal and we should correct it," Miller told the justices, arguing that furnishing the defendant the lower penalty is consistent with the purpose of sentencing and is a lighter remedy than ordering a new trial.

Mark Field, appearing for the State of Utah, said the question is controlled by the state's savings statute. "If a change is made after a defendant is sentenced that reduces the penalty, he's not entitled to it," Field…