Vorher v. Henriod
262 P.3d 42
Utah Ct. App.2011Background
- Vorher was charged in justice court with class B misdemeanor voyeurism and pled guilty to a reduced class C misdemeanor disorderly conduct under a plea agreement, receiving a ninety-day jail sentence.
- Vorher exercised his right to trial de novo in district court, where he was convicted of the original voyeurism charge and sentenced to 180 days in jail with credit for 41 days already served.
- During sentencing the district court stated Vorher did not get the 90-day limit because of rejection of the justice court deal and proceeding on a B offense, resulting in the 180-day sentence.
- Vorher appealed the district court sentence seeking extraordinary relief under Rule 65B(d), arguing Utah Code section 76-3-405 prohibits a more severe sentence after a successful appeal.
- The parties disagreed on whether the plea-agreement exception in § 76-3-405(2)(b) applies when the justice court conviction is invalidated on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 76-3-405(1) applies to a district court sentence after trial de novo following a plea. | Vorher: general rule limits increased sentences after appeal applies. | Vorher: exception in § 76-3-405(2)(b) may apply due to plea used in justice court. | No strict application; exception applies when plea is invalidated on appeal. |
| Whether § 76-3-405(2)(b) operates to excuse the increased district court sentence after plea repudiation. | Vorher should be limited by § 76-3-405(1) and not exceed justice court sentence. | District court can impose greater sentence because plea agreement was invalidated on appeal. | Yes, § 76-3-405(2)(b) applies; increased sentence permitted when plea is invalidated. |
Key Cases Cited
- Wisden v. District Court, 694 P.2d 605 (Utah 1984) (applied §76-3-405(1) to justice court appeals)
- State v. Powell, 957 P.2d 595 (Utah 1998) (withdrawal of guilty plea; public policy against retaining plea benefits after repudiation)
- State v. Maguire, 957 P.2d 598 (Utah 1998) (exclusion of withdrawn plea agreements from rule against greater subsequent sentences)
- Adkins v. Taylorsville City, 145 P.3d 1161 (Utah App. 2006) (applies §76-3-405(1) to justice court appeals; interpretation of exception dynamics)
- Barrett v. State, 127 P.3d 682 (Utah 2005) (broad discretion in reviewing extraordinary-relief petitions under Rule 65B(d))