State v. Felts
State v. Felts, 2024 UT 41 (Pearce, J.)
Criminal
Defendant pled guilty, and the State sought restitution. Under a previous version of the statute, the district court referred restitution to the Board of Pardons and Parole. The Board ordered restitution. Defendant appealed. The Utah Supreme Court affirmed, holding:
- The Court of Appeals correctly affirmed that the district court lacked authority to review the Board’s restitution order.
- Practice tip: To apply the constitutional avoidance canon, a statute must be genuinely susceptible to two constructions.