State v. Winter
State v. Winter, 2024 UT App 98 (Mortensen, J.)
Preservation / Statute of Limitations
Defendant argued that his criminal charges violated his due process rights because the original statute of limitations had run. The district court denied Defendant’s motion. Defendant ultimately pled no contest to one count and reserved his right to appeal the court’s statute-of-limitations decision. On appeal, the Utah Court of Appeals affirmed, holding:
- Defendant did not preserve for appellate review the specific legal theory he now raises on appeal, and the district court did not plainly err by denying Defendant’s motion to dismiss.
- The district court did not violate Defendant’s due process rights by applying the then-applicable statute of limitations.
- Practice tip: Utah Code section 76-1-306 does not require the district court to enter factual findings; instead, the statute sets forth the standard of proof district courts should apply.
