Opinion
Case No. 20090200-CA.
Filed May 29, 2009. Not For Official Publication.
Appeal from the Third District, Salt Lake Department, 090901667 The Honorable Denise P. Lindberg.
Christopher Michael Jones, Gunnison, Appellant Pro Se.
Before Judges Bench, Davis, and McHugh.
MEMORANDUM DECISION
Christopher Michael Jones appeals the district court's dismissal of his petition for extraordinary relief as frivolous. This matter is before the court on its sua sponte motion for summary disposition. We affirm.
Jones alleges that Utah's indeterminate sentencing scheme is unconstitutional. More particularly, he alleges that it violates principles of due process and equal protection. Utah courts have repeatedly concluded that Utah's indeterminate sentencing scheme does not violate either the United States Constitution or the Utah Constitution. See Padilla v. Board of Pardons, 947 P.2d 664, 669 (Utah 1997) (rejecting arguments that sentencing scheme violates due process or separation of powers clause); Monson v. Carver, 928 P.2d 1017, 1023 (Utah 1996) (rejecting claim that Utah's sentencing scheme violates constitution because it is mentally cruel to prisoners); Walker v. Department of Corr., 902 P.2d 148, 150 (Utah Ct.App. 1995) (approving the limitations on judicial review of decisions by the Board of Pardons and Parole). In his petition, Jones failed to address these and similar cases that conclude that the indeterminate sentencing scheme is constitutional. Further, he failed to adequately advance any new theories concerning the constitutionality of the scheme.
Accordingly, the district court did not abuse its discretion in dismissing Jones's petition as frivolous.
Affirmed.
Russell W. Bench, Judge
James Z. Davis, Judge
Carolyn B. McHugh, Judge