The Appellate Group

State v. Orton

State v. Orton, 2024 UT App 140 (Mortensen, J.)

Criminal Law

After pleading guilty to two counts of sodomy and one count of lewdness, the district court sentenced Orton to consecutive terms of fifteen years to life. Orton challenged his sentence, arguing there were instances of prosecutorial misconduct that tainted his sentence. The Utah Court of Appeals affirmed, holding:

  • Orton failed to show that the district court plainly erred in not electing to sua sponte intervene after the alleged prosecutorial misconduct. 
  • Orton’s claims of ineffective assistance of counsel fail because there was neither deficient performance nor prejudice.

Read the full court opinion