Belt v. Turner

*381ELLETT, Justice:

We granted a rehearing in this case so as to he able to consider the possible effect on other prisoners who may now be incarcerated in the Utah State Prison and who were sentenced after a statute amended the penalty by making it less severe for a crime which was committed prior to the amendment.

As to those defendants who were sentenced prior to the amendment, the statute gives no aid.1

The appellant asserts that the Miller case is controlling here, and the dissenting justices in the prior decision thought that we must overrule State v. Miller if we do not reverse our holding in…