State v. Orton, 558 P.3d 443

Brett Orton pled guilty to two counts of sodomy of a child (for abusing two daughters of his girlfriend) and one lewdness charge (reduced from forcible sexual abuse, involving a third daughter).
The abuse by Orton spanned many years and was repeated and egregious; at least two victims described long-term and severe effects.
Orton was originally charged with a higher number of offenses, including sodomy of a child, aggravated sexual abuse, rape, and attempted forcible sodomy, but most counts were dropped as part of a plea agreement.
The plea agreement specified that the State could not argue for a fifteen-year minimum sentence, but victims could argue for any sentence.
At sentencing, the prosecutor referenced a post-2008 statutory amendment increasing the mandatory minimums (to 25 years), but clarified it did not apply to Orton; ultimately, the judge imposed consecutive fifteen-years-to-life terms.

Issue	Orton's Argument	State's Argument	Held
Prosecutorial misconduct for referencing the 2008 statutory amendment	The prosecutor's reference to stiffer penalties misled the court and tainted sentencing.	The prosecutor clarified the amendment did not apply and used it to show legislative intent.	No error—no false evidence or prejudice; court was aware statute did not apply.
Ineffective assistance of counsel (failure to object/disqualify)	Counsel failed to properly object or seek disqualification after the statute was referenced.	No prejudice or deficiency—court’s decision based on facts, not the amendment.	No prejudice; no deficient performance; no indication of judicial bias.

State v. Johnson, 416 P.3d 443 (Utah 2017) (plain error standard clarified)
State v. Hummel, 393 P.3d 314 (Utah 2017) (plain error analysis in prosecutorial misconduct)
State v. Howell, 707 P.2d 115 (Utah 1985) (judge's consideration of information outside the record)
In re Young, 984 P.2d 997 (Utah 1999) (judicial bias defined and when recusal is required)