Utah Supreme Court· 11/2/1971

State v. Tapp

Citations

490 P.2d 334
26 Utah 2d 392
1971 Utah LEXIS 738

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that “[a]s to those defendants who were sentenced prior to the amendment, the statute gives no aid” (citation omitted)
concluding that “no penalty is incurred until the defendant is convicted, judgment entered and sentence imposed,” thereby allowing ameliorative amendments to be applied to a defendant who was tried and convicted, but not sentenced, prior to the effective date of the act
concluding that a defendant incurs no penalty until sentencing, and that no penalty is affected in violation of Utah’s saving statute if the defendant is subject to the more lenient law in effect at the time of his sentencing
“[I]t is the prerogative of the legislature, expressing the will of the people, to fix the penalties for crimes; and the courts should give effect to the enactment and the effective date thereof as so declared.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Crockett, Tuckett, Ellett, Callister, Henriod

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Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

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