State v. Udy, 286 P.3d 345

The Utah Division of Securities revoked Udy's license in 2003 and barred him from Utah employment.
In 2005, Utah charged Udy with four felonies for soliciting loans; he pled guilty to one securities fraud count and one false statements count in 2007, the rest dismissed.
The trial court placed the plea in abeyance with restitution obligations; Udy later solicited more funds, breaching the abeyance.
At a May 2010 hearing, the court stated it would suspend the sentence but potentially impose jail if restitution was not paid, with a review set for August 2010.
An unsigned First Order allegedly stated the sentence could be reduced if restitution was paid; the Second Hearing resulted in concurrent prison terms of 1–15 and 0–5 years.
Udy challenged the sentence on appeal and via a Rule 22(e) motion, arguing double jeopardy and improper allocution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentence violated double jeopardy	Udy argues finality of sentence was foreclosed.	State contends no final sentence or legitimate expectation of finality existed.	No double jeopardy violation; not a final sentence.
Whether the Second Hearing violated allocution due process	Udy was denied opportunity to allocate mitigating evidence at Second Hearing.	State contends allocution issue was not preserved; proceedings proper.	Allocution was violated; must remand for resentencing with allocution.
Whether the sentence was imposed in an illegal manner under Rule 22(e)	Rule 22(e) allows correction of illegal sentences, including allocution violations.	Sentence not patently illegal; Rule 22(e) inapplicable or limited.	Sentence imposed in an illegal manner; vacated and remanded for resentencing.

State v. Candedo, 232 P.3d 1008 (Utah 2010) (illegal sentence may be raised under Rule 22(e))
State v. Telford, 48 P.3d 228 (Utah 2002) (Rule 22(e) scope and preservation principles)
State v. Prion, 274 P.3d 919 (Utah 2012) (double jeopardy and remand considerations for resentencing)
State v. Rodrigues, 218 P.3d 610 (Utah 2009) (allocution rights and clerical error corrections)
State v. Horrocks, 17 P.3d 1145 (Utah Ct. App. 2001) (finality of sentence and reserved judgments)
State v. Maestas, 63 P.3d 621 (Utah 2002) (constitutional and statutory allocution rights)
State v. Samora, 99 P.3d 858 (Utah 2004) (allocution violation as basis for Rule 22(e) challenge)
State v. Yazzie, 203 P.3d 984 (Utah 2009) (illegal sentences and remand to cure defects)
United States v. Husein, 478 F.3d 318 (6th Cir. 2007) (legitimate expectation in sentencing context)