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State v. Houston,2015 UT 40 (Feb. 24, 2015) 

Feb 24, 2015

Utah Rule of Criminal Procedure 22(e) provides that the court may correct an illegal sentence. The Utah Supreme Court held the rule encompasses facial constitutional challenges to a sentence that do not arise at the trial. The court’s holding creates a limited exception to the preservation doctrine to preserve appellant’s right to raise constitutional issues on appeal that appellant otherwise failed to preserve. Thus, a defendant may bring constitutional challenges that attack the sentence itself and not the underlying conviction and which do so as a facial challenge, rather than an as-applied inquiry.