Opinion
Case No. 20040450-CA.
Filed November 18, 2004. (Not For Official Publication).
Appeal from the Second District, Farmington Department, The Honorable Michael G. Allphin.
Attorneys: Fernando Leal, Draper, Appellant Pro Se.
Before Judges Billings, Bench, and Orme.
MEMORANDUM DECISION
Fernando Leal appeals the denial of his petition for post-conviction relief. This case is before the court on Leal's motion for summary disposition. Based upon our review of the district court record, we dismiss the appeal for lack of jurisdiction.
The district court entered a ruling dismissing the petition on April 23, 2004. The last day for filing an appeal was May 24, 2004. Leal's notice of appeal was not filed in the district court until May 27, 2004.
A notice of appeal must be filed within thirty days of the entry of the judgment being appealed. See Utah R. App. P. 4(a). However, a notice of appeal filed by an "inmate confined in an institution . . . is timely if it is deposited in the institution's internal mail system on or before the last day for filing." Utah R. App. P. 4(f). In order to show timely filing, the inmate must provide "a notarized statement or written declaration setting forth the date of deposit and stating that first-class postage has been prepaid." Id. Leal did not file such a statement or declaration and therefore did not satisfy the requirements of rule 4(f).
Accordingly, we dismiss the appeal for lack of jurisdiction based upon an untimely notice of appeal.
Judith M. Billings, Presiding Judge, Russell W. Bench, Associate Presiding Judge, Gregory K. Orme, Judge.