Utah Code Title 77. Utah Code of Criminal Procedure § 77-11c-403. Remedies for failure to preserve biological evidence

(i) the grant of a new trial;

(ii) an instruction to the jury that evidence was not preserved as required by law;

(iii) the reduction of the sentence;

(iv) the dismissal of the criminal charge;

(v) the vacation of the conviction; or

(vi) the entry of a finding that because the evidence was not preserved in accordance with this chapter, a presumption exists that the evidence would have been exculpatory to the defendant.

(i) a defendant's appeal has not concluded;

(ii) a defendant's time for appeal has not expired; or

(iii) a defendant has received a new trial in accordance with Subsection (2)(b).

(i) the defendant alleges that the biological evidence that is the basis for the defendant's claim was not preserved in accordance with this chapter; and