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Salt Lake City v. Newman5/5/2005
For Official Publication
Gary Allen Newman challenges the district court's denial of his petition for extraordinary relief. We affirm.
BACKGROUND
On March 20, 2003, Newman, who is on active duty in the military, disputed with his estranged wife. Salt Lake City police officers intervened and arrested Newman. Salt Lake City charged Newman with battery, a domestic violence offense, under Salt Lake City Code section 11.08.020 (the ordinance). See Salt Lake City, Ut., Code § 11.08.020 (2002).
The Salt Lake City Justice Court assumed jurisdiction over the charge, pursuant to its statutory authority to hear charges of class B and C misdemeanors and violations of ordinances. See Utah Code Ann. § 78-5-104(1) (2002). Newman filed a motion to dismiss the charge, arguing that the ordinance unconstitutionally conflicts with the Utah assault statute. The justice court denied the motion.
Newman asserts that under federal law, the military may discharge him if he is convicted of any charge related to domestic violence, even if the charge is overturned on appeal. Yet, Utah Code section 78-5-120(3) provides that a defendant can only appeal a justice court ruling in the district court after the justice court convicts and sentences him. See Utah Code Ann. § 76-5-120(3)(c) (2003). To avoid the potential repercussions of going to trial, Newman filed a petition for extraordinary relief in the Third District Court, asserting that the justice court failed to perform an act required by law and abused its discretion. The district court denied Newman's petition. Newman challenges the district court's denial.
ISSUE AND STANDARD OF REVIEW
We review whether Newman may use a petition for extraordinary relief in these circumstances and whether the district court erred in denying Newman's petition for extraordinary relief. We review "the trial court's conclusions of law for correctness." State v. Rees, 2003 UT App 4, , 63 P.3d 120.
ANALYSIS
As a preliminary matter, although the State did not cross-appeal, it nonetheless argues that the district court was right to dismiss Newman's petition for extraordinary relief because the standard process for appealing was adequate. "For criminal cases originating in justice courts, a defendant is provided an appeal through 'a trial de novo in the district court.'" Lucero v. Kennard, 2004 UT App 94, , 89 P.3d 175 (quoting Utah Code Ann. § 78-5-120(1)). But, a defendant cannot appeal unless he has either pleaded guilty or been convicted in justice court. See Utah Code Ann. § 78-5-120(1)(a), (3).
However, " t shall be unlawful for any person . . . who has been convicted in any court of a misdemeanor or crime of domestic violence . . . to ship . . . or possess . . . any firearm or ammunition." 18 U.S.C.A. § 922(g)(9) (2004). In light of this provision, Newman believes that he could not lawfully perform duties required of his military service and would thus be discharged before having the opportunity to appeal his plea or conviction through the ordinary procedures. Accordingly, Newman filed a petition for extraordinary relief in the district court to challenge the justice court's ruling on his motion to dismiss.
Utah Rule of Civil Procedure 65B(a) provides that a person may petition a higher court for extraordinary relief when no "plain, speedy, and adequate remedy" is available. Utah R. Civ. P. 65B(a). While negative consequences usually (and appropriately) flow from a criminal conviction, some convictions, even if later overturned, scar an individual's life in a permanent and extraordinary way. Trial de novo in a district court may not alwa
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