Must Utah defendants challenge restitution at sentencing to preserve their objection? State v. Weeks Explained

In State v. Weeks, the Utah Court of Appeals clarified the critical timing requirements for challenging restitution orders, holding that defendants must raise objections at or before sentencing or waive their right to a full hearing.

Background and Facts

Defendant pleaded guilty to seven charges arising from high-speed police chases, car theft, and methamphetamine possession. During sentencing, the court ordered restitution of $9,104.35 based on amounts detailed in the presentence report. Notably, defendant did not object to or question the restitution amount during the sentencing hearing, despite having read the presentence report beforehand. Eleven days later, defendant filed a motion requesting a restitution hearing to challenge the amount.

Key Legal Issues

The primary issue was whether defendant waived his right to challenge the restitution amount by failing to object at sentencing. Secondary issues included whether the trial court made adequate findings regarding statutory factors and whether plain error occurred in ordering restitution without considering defendant’s ability to pay.

Court’s Analysis and Holding

The Court of Appeals applied Utah Code section 76-3-201(4)(e), which requires courts to allow defendants “a full hearing on the issue” of restitution if defendants object “at the time of sentencing.” The court emphasized that this statutory language is clear—requests for restitution hearings must be made at or before sentencing. Because defendant had full opportunity to object after reading the presentence report but remained silent during sentencing, he waived his right to challenge the amount. The court distinguished cases where trial courts conducted full evidentiary hearings on the merits, finding that the limited hearing here merely clarified the basis for the original order without taking new evidence.

Practice Implications

This decision underscores the importance of thoroughly reviewing presentence reports and addressing all restitution concerns during sentencing proceedings. Defense counsel should be prepared to object to restitution amounts and request full hearings at sentencing, as post-sentencing challenges face significant procedural hurdles. The Court’s strict interpretation of the timing requirements means that even brief delays can result in waiver of important defendant rights.