Thomas Randall Ainsworth appealed his conviction and it was approved. He pled guilty but reserved his right to appeal.
If you want to read the opinion of the appeal click here.
I spoke with our prosecutor this morning and she explained to me what I am going to attempt to explain to all of you now. Please forgive me if I use incorrect terms etc, I promise to do my best.
Thomas Randall Ainsworth was found guilty of 3 2nd degree felonies for impaired driving causing serious bodily injury &/or death. His sentence was 3-45 years spent consecutively. (Consecutive sentences are served one after the other. Concurrently is the other option which means he could serve all three at the same time.)
His attorneys argued it unconstitutional because if somebody driving under the influence of let's say alcohol causes serious bodily injury or death would only get 3rd degree felony(ies). Automobile homicide is actually a 3rd degree felony. I think a lot of people were confused as to why he wasn't charged with automobile homicide in the first place and it's actually a lesser charge.
The Appeals Court approved his appeal.
So now what?
So now the appeal is being appealed. Now we wait to see if the Utah Supreme Court will accept the appeal or not. From what I understand we will know in 60 days and if they accept it then we wait an additional 30 days and more hearings will take place.
If they don't accept it then there will be another sentencing since all 3 of his 2nd degree felonies will be reduced to 3rd degree felonies. His sentence will be reduced from 3-45 years per felony to 0-15 years per felony and the good news is that the will stay consecutive (they tried to get it changed to concurrent during the appeal process and didn't win that battle).
It's important to take note that his sentence was consecutive and not concurrent. This is determined during sentencing, which is the only time the judge can take his criminal past into consideration.
If/when there is another sentencing then Ryan and I will be allowed to speak. We would love all the support, people there, signs, etc to be present that day.