ST. GEORGE — Former police officer Rodney Holm, convicted in August of bigamy and unlawful sex with a minor, won't know for several days if his jail sentence is stayed pending an appeal.

Fifth District Court Judge G. Rand Beacham said he would file a written decision on the request to release Holm sometime next week. Holm was sentenced to spend one year in the county jail with work release, to undergo a psychosexual evaluation, obey all laws and spend 200 hours in community service.

Holm's attorney, Rod Parker, argued during a hearing Thursday that Holm should be released from jail because his case offers substantial constitutional reasons for an appeal.

One of the top issues, said Parker, involves a recent Supreme Court decision that overturned a Texas sodomy law.

Utah Assistant Attorney General Kristine Knowlton said the Lawrence case simply doesn't apply to the Holm case. "This is a different state, different statute," she said, pointing out that case dealt with consenting adults and not a minor.

Holm, who resides in Hilldale, Washington County, is a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Most residents of Colorado City, Ariz., and Hilldale belong to the FLDS church and practice polygamy.