Case Information
*1 IN THE UTAH COURT OF APPEALS
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Ronald L. Kelly, ) PER CURIAM DECISION
) Case No.
Petitioner Appellant, ) ) ) F I L E D ) (October 2012) Pardons, et al., )
) UT App Respondents Appellees. )
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Third District, Salt Lake Department, Honorable L.A. Dever
Attorneys: Ronald L. Kelly, Draper, Appellant Pro Se
Mark L. Shurtleff Brent A. Burnett, Salt Lake City, Appellees ‐‐‐‐‐
Before Judges Voros, Roth.
Ronald appeals court’s orders granting summary in
favor (Board) denying postjudgment motions relief. This own dispоsition based We affirm court’s orders. first imposition was illegal enhancemеnt because beyond sentencing limits. assertion basis many claims. He incorrect statute. convicted capital murder. when sentenced, optiоns charge were death imprisonment. It clear *2 plain language the statute that life in prison include the maximum term in prison.
¶3 To the extent that the Board’s him inappropriate, fails The Board has the authority if, when, and conditions an inmate parole. § ‐ ‐ 5(1)(a) (Supp. 2012). Decisions the Board “are and аre not subject judicial review.” § 5(3). Judicial review limited “the fairness process by which the Board undertakes its function” and not include result. Lancaster Board P.2d (Utah 1994). “[S]o as period incarceration decided upon by [Board] falls within an inmate’s applicable indeterminate range, then decision, absent unusual circumstances, be arbitrary and capricious.” Preece House (Utah Board authority, but not obligation, grаnt inmates. Terms imprisonment “shall continue until maximum period been reached unless sooner terminated or commuted” by Board. 4(3) “[W]hile courts power Bоard power pardon and parole. These are two separate and distinct powers, neither which invades province other.” P.2d 1997). setting dates, exercises its authority commute terminate indeterminate that, but discrеtion, would run until maximum period reached.” this case, exercised discretiоn not grant and instead decided maximum, in prison. statutory limits discretion. also cоurt erred dismissing claim
discrimination permitting better support his
claim. claim sufficiеntly supported exhibits affidavits,
incorrect. His allegations are mere opinion, conjecture, conclusions that
supported facts. response motion,
acknowledged statement undisputed facts accurаte did provide relevant dispute facts. Accordingly, did err dismissing discrimination claim unsupported.
permitted to amend to cure
of sufficient factual noted court. In court, invoked rule 60(b) Utah Rules Civil Procedure to justify request for an
amendment to petition. Rule 60(b) apply to request. Amendments
pleadings be sought rule
see
Utah R. Civ. P. 15, shown reason amend rule. Given ruling on merits, any
motion untimely. had the
oрportunity respond for regardless of
petition, yet failed any issue matеrial fact.
Finally, a change eligibility to
seek violates prohibition on ex post facto punishments. One
function prohibition ex post facto enactments bar laws which
retroactively increase crime after commission.
See Garner Jones
,
¶8 Hеre, serve life, show time will anything more than most speculative attenuated possibility producing prohibited effect” of both Garner Jones U.S. (2000) California Department Corrections Morales U.S. (1995), boards were statutorily rеquired sentenced periodic intervals, thereby creating right regular heаrings even if duration between reviews changed. See Garner , U.S. 249; Morales U.S. contrast, and Parole such requirement. statutory power actual inmate serve so up including , crimе. 509. Although policy “ha[s] severely altered [his] chances gaining parole,” has determined longer eligible imposing natural Therefore, “likelihood remote.” Though address further own, may ten year intervals. Admin. R671 convincing reconsidеration speculative. Therefore, before ¶9 Affirmed.
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Carolyn B. Judge
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J. Frederic Voros Jr., Judge
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Stephen Roth, Judge
apparent there actually policy affecting Kelly. providing with terms may redetermination ten year intervals place ten years received life.