Reddish v. State

Reddish v. State

IN THE UTAH COURT OF APPEALS
 

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David L. Reddish,

 

Petitioner and Appellant,

v.

State of Utah, et al.,

Respondents and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040858-CA
 

F I L E D
(February 3, 2005)
 

2005 UT App 52

 

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Third District, Salt Lake Department

The Honorable L.A. Dever

Attorneys: David L. Reddish, Draper, Appellant Pro Se

Mark L. Shurtleff and Sharel S. Reber, Salt Lake City, for Appellee

 

 

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Before Judges Billings, Greenwood, and Thorne.

PER CURIAM:

    David Reddish appeals from the order of the district court dismissing Reddish's "Petition for Writ of Quo Warranto." This case is before the court on its own motion for summary disposition on the basis that the grounds for appeal are so insubstantial as not to merit further proceedings or consideration by the court.

    Reddish's sole argument on appeal is that the Board of Pardons (Board) illegally "modified" Reddish's sentence during the course of a parole rehearing. Reddish pleaded guilty to three first degree felonies. The district court sentenced Reddish to three consecutive sentences of "not less than five (5) years and which may be for life at Utah State Prison." At Reddish's parole rehearing, the Board determined that Reddish should spend his "natural life in prison." Reddish argues that the latter determination violates Utah Code section 76-3-401. See Utah Code Ann. § 76-3-401 (Supp. 2003).

    Utah Code section 76-3-401(6) states that, "if a court imposes consecutive sentences, the aggregate maximum of all sentences imposed may not exceed 30 years imprisonment, except as provided under Subsection (6) (b)." Id. § 76-3-401(6)(a). Reddish argues that the Board ignored this provision when it determined that Reddish would be subject to imprisonment for his natural life. Reddish ignores the plain language of the statute, "except as provided under Subsection (6) (b)." Id. This subsection provides: "The limitation under Subsection (6) (a) does not apply if: (i) an offense for which the defendant is sentenced authorizes the death penalty or a maximum sentence of life imprisonment . . . ." Id. § 76-3-401(6)(b); see also State v. Deli, 861 P.2d 431, 433-34 (Utah 1993).

    Reddish received three sentences that authorized a maximum of life imprisonment. Therefore, the limitation under section 76-3-401(6) (a) does not apply, and Reddish's sole argument is without merit.

    Accordingly, we summarily affirm the trial court's order of dismissal.

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Judith M. Billings,

Presiding Judge

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Pamela T. Greenwood, Judge

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William A. Thorne, Jr., Judge