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Court hears challenge to timing of restitution request and sufficiency of evidence in State v. Devore
Summary
In Case No. 20240393, attorneys argued whether the 2023 amendments to Utah's Crime Victim Restitution Act apply to an untimely motion for additional restitution and whether the victim presented sufficient evidence tying later surgery to the defendant's conduct.
The Utah Court of Appeals heard argument in State v. Devore (Case No. 20240393) on whether a post‑sentencing amendment to the Crime Victim Restitution Act (CVRA) governs a request for additional restitution and on the sufficiency of evidence linking the defendant’s conduct to the victim’s later reconstructive surgery. Judge John Luthy presided over the panel that included Judge David N. Mortensen and Judge Ryan Harris.
Appellant counsel Jessica Heidholzer argued the operative event regulated by the restitution statute is the filing of the motion for additional restitution, and that the 2023 version of the CVRA governs that procedural act. Heidholzer urged the court to follow a “procedural‑event” analysis — asking the panel to apply the…
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