2006 Utah Code - 76-3-402 — Conviction of lower degree of offense.

     76-3-402.   Conviction of lower degree of offense.
     (1) 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.
     (2) If a conviction is for a third degree felony the conviction is considered to be for a class A misdemeanor if:
     (a) the judge designates the sentence to be for a class A misdemeanor and the sentence imposed is within the limits provided by law for a class A misdemeanor; or
     (b) (i) the imposition of the sentence is stayed and the defendant is placed on probation, whether committed to jail as a condition of probation or not;
     (ii) the defendant is subsequently discharged without violating his probation; and
     (iii) the judge upon motion and notice to the prosecuting attorney, and a hearing if requested by either party or the court, finds it is in the interest of justice that the conviction be considered to be for a class A misdemeanor.
     (3) An offense may be reduced only one degree under this section unless the prosecutor specifically agrees in writing or on the court record that the offense may be reduced two degrees. In no case may an offense be reduced under this section by more than two degrees.
     (4) This section may not be construed to preclude any person from obtaining or being granted an expungement of his record as provided by law.
    (5) Judgment for a conviction for a lower degree of offense may not be entered if there remains any unpaid balance on court ordered restitution for the offense for which the reduction is sought.
     (6) Notwithstanding the provisions of this section:
     (a) a person required to register as a sex offender under Section 77-27-21.5 is not eligible to obtain a reduction of the conviction that requires the person to register as a sex offender:
     (i) while under the jurisdiction of the Department of Corrections; or
     (ii) until the registration requirements under Section 77-27-21.5 have expired; and
     (b) a person required to register as a sex offender for the person's lifetime under Subsection 77-27-21.5(10)(c) may not be granted a reduction of the conviction for the offense or offenses that require the person to register as a sex offender.

Amended by Chapter 189, 2006 General Session
Amended by Chapter 50, 2006 General Session