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STILLING v. UTAH BD. OF PARDONS & PAROLE

No. 950818-CA.

933 P.2d 391 (1997)

Steven M. STILLING, Appellee, v. UTAH BOARD OF PARDONS AND PAROLE; O. Lane McCotter, Executive Director, Utah Department of Corrections; and State of Utah, Appellants.

Court of Appeals of Utah.

January 24, 1997.

Attorney(s) appearing for the Case

Jan Graham and Norman E. Plate, Salt Lake City, for Appellants.

M. David Eckersley, Salt Lake City, for Appellee.

Before DAVIS, BILLINGS and GREENWOOD, JJ.

GREENWOOD, Judge:

Appellants challenge the trial court's summary judgment in favor of appellee, Steven M. Stilling. The trial court ruled that the Utah Board of Pardons and Parole (the Board) acted beyond its statutory and constitutional authority by imposing restitution as a condition of Stilling's parole, when the original sentencing court had not ordered restitution.

Subsequent to oral argument in this case, the Utah Supreme Court issued its opinion in...

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