The Appellate Group

State v. Featherston

State v. Featherston, 2026 UT 13 (Petersen, J.)

Criminal

The Utah Supreme Court held:

Under Utah law, the general savings statute and precedent interpreting it provide that a criminal penalty is incurred at sentencing and is preserved regardless of later ameliorative amendments.

Practice tip:

The court concluded that the general savings statute conflicts with the amelioration doctrine.

Practice tip:

If a defendant is sentenced before an amending reducing the criminal penalty took place, he is not eligible for resentencing.

Read the full court opinion