Summary
The Utah Supreme Court held that the State had a statutory right to appeal the district court’s effective dismissal of an attempted-murder charge under the Shondel doctrine. The court rejected Harrison’s double-jeopardy challenge, concluding that reversal would merely reinstate his guilty plea rather than subject him to successive prosecution. On the merits, the court held that nonmedical violence intended to kill an unborn child is prosecutable as attempted murder rather than attempted killing by abortion, reversed the effective dismissal, vacated the lesser sentence, and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the State had a statutory right to appeal the district court's effective dismissal of the attempted-murder charge after the court applied State v. Shondel and sentenced Harrison on a lesser offense.
- Whether appellate review and reinstatement of Harrison's guilty plea would violate the constitutional protection against double jeopardy.
- Whether Harrison's conduct constituted an abortion within the meaning of Utah Code section 76-7-301(1), making attempted murder and attempted killing of an unborn child by abortion duplicative offenses under Shondel.
Holdings
- A district court's Shondel ruling is appealable as a final judgment of dismissal when, in substance and effect, it blocks prosecution of a criminal charge, even if the court does not enter a formal judgment of dismissal.
- Review of the district court's ruling did not violate double jeopardy because reversal would merely reinstate Harrison's guilty plea to the attempted-murder charge and would not subject him to a successive prosecution or second trial.
- Harrison's nonmedical assault on J.M.S. was not an abortion procedure under the governing statutes. Attempted murder and attempted killing of an unborn child by abortion have different elements and are mutually exclusive; therefore, Shondel did not bar sentencing Harrison for attempted murder.
Key quotations
“Thus, we reaffirm our analysis in Gomez and hold that a Shondel decision is appealable because it has the effect of dismissing a criminal charge, whether or not it culminates in the entry of a formal judgment of dismissal.” (¶ 15)
“Nonmedical acts aimed at causing death, by contrast, are the domain of the criminal homicide statute.” (¶ 20)
Factual background
J.M.S., who was pregnant and unable to obtain an abortion because she was too far along, offered Aaron Harrison $150 to help kill her unborn child. Harrison agreed and repeatedly punched J.M.S. in the abdomen, also slapping her and biting her neck to make the incident appear to be a random assault. The child survived, and Harrison pleaded guilty to attempted murder.
Procedural history
Harrison was charged with and pleaded guilty to attempted murder of an unborn child. At sentencing, the district court sua sponte applied State v. Shondel, treated the attempted-murder charge as duplicative of the lesser abortion-related offense, effectively dismissed the attempted-murder charge, and sentenced Harrison on the lesser offense. The Utah Supreme Court held that the State could appeal, rejected Harrison's double-jeopardy argument, reversed the effective dismissal, vacated the lesser-offense sentence, and remanded for sentencing on the attempted-murder count.
Remand instructions
Reverse the district court's effective dismissal of the attempted-murder charge, vacate the sentence imposed on the lesser offense of attempted killing of an unborn child by abortion, and conduct further proceedings consistent with the opinion, including sentencing on the attempted-murder count.