Summary
The Utah Supreme Court addresses whether the state's general saving statute allows a criminal prosecution to proceed after the underlying statute has been repealed and replaced prior to trial. The court holds that the plain language of the saving statute preserves pending criminal actions, rejecting arguments based on common law abatement and prior precedent regarding ameliorative sentencing amendments. Consequently, the defendant may be tried under the repealed statute.
Topics
Practice areas
Questions Presented
- Whether Utah's general saving statute, Utah Code §68‑3‑5, permits a criminal prosecution to continue unabated when the underlying criminal statute is repealed before trial.
Holdings
- Utah Code §68‑3‑5 saves pending criminal prosecutions from abatement; the repeal of a criminal statute does not affect an action or proceeding commenced under that statute.
- Belt v. Turner is limited to ameliorative sentencing amendments and does not require dismissal of charges when the underlying criminal statute is repealed.
Key quotations
“The statute saves Cooke’s prosecution from abatement.” (¶26)
“Because the State commenced its prosecution against Cooke by filing an information against him prior to the repeal of section 58‑37‑8(2)(g), the saving statute applies by its plain terms and protects the prosecution from abatement.” (¶33)
Factual background
In 2016 Monte Cooke, while operating a semitruck on I‑15, caused a collision that killed a passenger in a pickup and seriously injured the driver. Investigation showed Cooke had a measurable amount of methamphetamine in his system and had been on duty for excessive hours. He was charged under Utah Code §58‑37‑8(2)(g) for negligent driving with a controlled substance.
Procedural history
The district court denied Cooke's motion to dismiss, the Utah Court of Appeals affirmed and certified the issue to this Court. The Supreme Court now reviews the district court's interpretation of Utah Code §68-3-5.
Remand instructions
Remand for further proceedings under the original statute.