Motion For Sentence Reduction
Motion for Sentence Reduction under Utah Code Section 76-3-402 (The Utah 402 Reduction)
The defendant can file a motion for a sentence reduction pursuant to Utah Code section 76-3-402. See Utah Code Ann. § 76-3-402 (2003). For instance, if you enter a plea to a first degree felony, you can file a motion to moved the district court to reduce the offense to a second degree felony pursuant to section 76-3-402(1).
Utah’s Code Section 76-3-402(1) states, in relevant part:
If the court, having regard to the nature and circumstances of the offense of which the defendant was found guilty and to the history and character of the defendant, concludes it would be unduly harsh to record the conviction as being for that degree of offense established by statute and to sentence the defendant to an alternative normally applicable to that offense, the court may unless otherwise specifically provided by law enter a judgment of conviction for the next lower degree of offense and impose sentence accordingly.
Utah Code Ann. § 76-3-402(1). The district court has wide latitude and discretion when imposing a sentence. Although the court must all legally relevant factors, if the sentence imposed is not clearly excessive then it will not be overturned on appeal. Even after reviewing all the evidence and testimony presented, the court may find that there is no basis for a reduction in sentence pursuant to section 76-3-402.
Even after probation is successfully completed, the defendant can move for a 402 Reduction under Utah law. In certain cases the charges can be reduced from a felony to a misdemeanor which allows you to avoid the “convicted felon” designation if the reduction occurs.
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