78B-9-108 - Effect of granting relief -- Notice. - Utah Statutes

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Statutes > Utah > Title-78b > Chapter-09 > 78b-9-108

78B-9-108. Effect of granting relief -- Notice.
(1) If the court grants the petitioner's request for relief, it shall either:
(a) modify the original conviction or sentence; or
(b) vacate the original conviction or sentence and order a new trial or sentencingproceeding as appropriate.
(2) (a) If the petitioner is serving a felony sentence, the order shall be stayed for fivedays. Within the stay period, the respondent shall give written notice to the court and thepetitioner that the respondent will pursue a new trial or sentencing proceedings, appeal the order,or take no action.
(b) If the respondent fails to provide notice or gives notice at any time during the stayperiod that it intends to take no action, the court shall lift the stay and deliver the order to thecustodian of the petitioner.
(c) If the respondent gives notice of intent to appeal the court's decision, the stayprovided for by Subsection (2)(a) shall remain in effect until the appeal concludes, including anypetitions for rehearing or for discretionary review by a higher court. The court may lift the stay ifthe petitioner can make the showing required for a certificate of probable cause under Section77-20-10 and URCP 27.
(d) If the respondent gives notice that it intends to retry or resentence the petitioner, thetrial court may order any supplementary orders as to arraignment, trial, sentencing, custody, bail,discharge, or other matters that may be necessary.

Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 288, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-09 > 78b-9-108

78B-9-108. Effect of granting relief -- Notice.
(1) If the court grants the petitioner's request for relief, it shall either:
(a) modify the original conviction or sentence; or
(b) vacate the original conviction or sentence and order a new trial or sentencingproceeding as appropriate.
(2) (a) If the petitioner is serving a felony sentence, the order shall be stayed for fivedays. Within the stay period, the respondent shall give written notice to the court and thepetitioner that the respondent will pursue a new trial or sentencing proceedings, appeal the order,or take no action.
(b) If the respondent fails to provide notice or gives notice at any time during the stayperiod that it intends to take no action, the court shall lift the stay and deliver the order to thecustodian of the petitioner.
(c) If the respondent gives notice of intent to appeal the court's decision, the stayprovided for by Subsection (2)(a) shall remain in effect until the appeal concludes, including anypetitions for rehearing or for discretionary review by a higher court. The court may lift the stay ifthe petitioner can make the showing required for a certificate of probable cause under Section77-20-10 and URCP 27.
(d) If the respondent gives notice that it intends to retry or resentence the petitioner, thetrial court may order any supplementary orders as to arraignment, trial, sentencing, custody, bail,discharge, or other matters that may be necessary.

Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 288, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-09 > 78b-9-108

78B-9-108. Effect of granting relief -- Notice.
(1) If the court grants the petitioner's request for relief, it shall either:
(a) modify the original conviction or sentence; or
(b) vacate the original conviction or sentence and order a new trial or sentencingproceeding as appropriate.
(2) (a) If the petitioner is serving a felony sentence, the order shall be stayed for fivedays. Within the stay period, the respondent shall give written notice to the court and thepetitioner that the respondent will pursue a new trial or sentencing proceedings, appeal the order,or take no action.
(b) If the respondent fails to provide notice or gives notice at any time during the stayperiod that it intends to take no action, the court shall lift the stay and deliver the order to thecustodian of the petitioner.
(c) If the respondent gives notice of intent to appeal the court's decision, the stayprovided for by Subsection (2)(a) shall remain in effect until the appeal concludes, including anypetitions for rehearing or for discretionary review by a higher court. The court may lift the stay ifthe petitioner can make the showing required for a certificate of probable cause under Section77-20-10 and URCP 27.
(d) If the respondent gives notice that it intends to retry or resentence the petitioner, thetrial court may order any supplementary orders as to arraignment, trial, sentencing, custody, bail,discharge, or other matters that may be necessary.

Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 288, 2008 General Session