State v. Finlayson

2004 UT 10, 84 P.3d 1193, 492 Utah Adv. Rep. 7, 2004 Utah LEXIS 10, 2004 WL 117542
CourtUtah Supreme Court
DecidedJanuary 27, 2004
Docket20020339
StatusPublished
Cited by9 cases

This text of 2004 UT 10 (State v. Finlayson) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Finlayson, 2004 UT 10, 84 P.3d 1193, 492 Utah Adv. Rep. 7, 2004 Utah LEXIS 10, 2004 WL 117542 (Utah 2004).

Opinion

WILKINS, Justice:

¶ 1 Jeffery Russell Finlayson was originally convicted of rape, forcible sodomy, and aggravated kidnaping. On appeal, the aggravated kidnaping conviction was reversed. State v. Finlayson, 956 P.2d 283, 295 (Utah Ct.App.1998). When the case was eventually remitted to the trial court, that court resen-tenced Finlayson on the two remaining convictions, for which he had already been sentenced. The court of appeals affirmed that resentencing because of the lack of prejudice to Finlayson. We reverse because the trial court had no jurisdiction to resentence Fin-layson on the rape and forcible sodomy convictions previously affirmed by the court of appeals.

BACKGROUND

¶ 2 Finlayson raped and sodomized his victim, whom he knew from school. Finlayson, 956 P.2d at 286 (upholding convictions for rape and forcible sodomy). He was sentenced to concurrent terms of five years to life each for his rape and forcible sodomy convictions. Although he was initially convicted of aggravated kidnaping as well, that conviction was reversed on appeal. Id. at 295. We affirmed that reversal, State v. Finlayson, 2000 UT 10, ¶ 36, 994 P.2d 1243, and the case was remitted to the trial court pursuant to rule 36 of the Utah Rules of Appellate Procedure. The trial court then resentenced Finlayson on the rape and forcible sodomy convictions. The sentences mirrored those initially imposed by the trial court. Finlayson appealed that resentencing to the court of appeals.

¶ 3 Before the court of appeals, Finlayson argued that the resentencing was improper because the trial court failed to resolve alleged discrepancies between the official version of the offense as listed in a presentenee investigation report and the evidence at trial. In its disposition of Finlayson’s appeal of the resentencing, the court of appeals noted the possibility that the trial court lacked jurisdiction to resentence Finlayson, but ultimately affirmed the action of the trial court because it held that Finlayson was not prejudiced by the failure to resolve any alleged discrepancies, and the “new” sentences were unchanged from those originally imposed.

¶ 4 Both parties petitioned this court for a writ of certiorari. We granted both petitions to consider whether the trial court had jurisdiction to resentence Finlayson after the af-firmance of the rape and forcible sodomy convictions and, if so, whether the court of appeals erred in affirming the resentencing despite the trial court’s failure to resolve the alleged discrepancies in the presentenee investigation report.

ANALYSIS

I. STANDARD OF REVIEW

¶ 5 On certiorari review, we review the court of appeals’ decision for correctness. State ex rel. M.W., 2000 UT 79, ¶ 8, 12 P.3d 80. Jurisdictional questions are likewise reviewed for correctness. Beaver County v. Qwest, Inc., 2001 UT 81, ¶ 8, 31 P.3d 1147.

II. JURISDICTION TO RESENTENCE

¶ 6 Finlayson contends that due process and rules of procedure required the trial court to resentence him when his conviction for aggravated kidnaping was reversed. According to his argument, sentencing in multiple-conviction cases is based on an overall plan and may be rendered invalid to some degree when one of those convictions is reversed on appeal. The State argues that the two remaining convictions were affirmed by the court of appeals and the trial court had no jurisdiction to resentence Finlayson on those convictions.

*1195 ¶ 7 After his conviction by a jury of the crimes of aggravated kidnaping, rape, and forcible sodomy, Finlayson appealed to the court of appeals which reversed the aggravated kidnaping charge but “affirm[ed] all other aspects of [Finlayson’s] conviction.” Finlayson, 956 P.2d at 286. Thus, the central question we now face is whether the trial court had jurisdiction to resentence Finlay-son for convictions affirmed and unchanged on appeal, simply because another conviction from the same criminal episode was reversed.

A. Jurisdiction Conveyed by Remittitur

¶ 8 Upon remittitur in this case the trial court apparently concluded that it must resentence Finlayson for his affirmed convictions. The record does not disclose that either party requested the resentencing. The trial court’s action was beyond the scope of its jurisdiction because an appellate court’s remittitur only conveys such jurisdiction as may be necessary to effectuate the decision of the appellate court, and the appellate decisions in Finlayson’s case provided for nothing other than reversal of the aggravated kid-naping conviction. No resentencing was either directed or required.

¶ 9 As we noted in Chase Manhattan Bank v. Principal Funding Corp., 2004 UT 9, ¶ 12,-P.3d-, 2004 WL 116416, a remand will almost always contemplate further action by a trial court, but a remittitur is merely the transmission of the record back to the trial court with whatever jurisdiction may be necessary to implement the decision of the appellate court. Id. at ¶¶ 9, 12. Where, as here, the appellate opinion simply affirms a conviction, no action is needed by the trial court. The appellate opinions in Finlayson’s case were insufficient to convey any jurisdiction for any reconsideration or resentencing on the affirmed counts.

¶ 10 There are essentially three ways that a trial court will regain jurisdiction of a case to do more than merely enter the orders necessary to implement an appellate decision. First, an appellate court may remand with express directions. In such a scenario, the appellate court will expressly use the word “remand,” and will sometimes identify the matter to be considered by the trial court. Second, a trial court may regain jurisdiction for further proceedings where the language of the appellate decision unequivocally requires that action. Third, there may be appellate decisions where the language of the decision does not prohibit further action by the trial court and some specific provision of law requires that action. When an appellate court fails to recognize or identify the impact of its ruling on related matters governed by statutes, rules, and the like, the absence of a clear directive by the appellate court will not deprive the trial court of the jurisdiction needed to adjudicate those matters.

¶ 11 In the present case, the appellate language regarding Finlayson’s convictions for rape and forcible sodomy does not fall into any of the enumerated categories. Neither this court nor the court of appeals “remanded” those matters. Nor did the appellate language indicate that further action was required. In fact, the court of appeals’ language pertaining to the rape and forcible sodomy convictions noted that those convictions were affirmed in “all ... aspects.” Finlayson, 956 P.2d at 286. Finlayson argues, however, that due process, presumably under the U.S. and Utah Constitutions, rule 22(e) of the Utah Rules of Criminal Procedure, and rule 30(b) of the Utah Rules of Appellate Procedure, required resentencing despite the failure of either appellate court to order it. We disagree.

B.

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Cite This Page — Counsel Stack

Bluebook (online)
2004 UT 10, 84 P.3d 1193, 492 Utah Adv. Rep. 7, 2004 Utah LEXIS 10, 2004 WL 117542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-finlayson-utah-2004.