Opinion
Case No. 20030210-CA.
Filed June 19, 2003. (Not For Official Publication)
Appeal from the Fourth District, Orem Department, The Honorable John C. Backlund.
Daniel Paul Crossett, Orem, Appellant Pro Se.
Justin Johanson, Orem, for Appellee.
Before Judges Jackson, Greenwood, and Orme.
MEMORANDUM DECISION
This case is before the court on its own motion for summary dismissal for lack of jurisdiction. Neither party responded to the court's motion.
A timely motion to withdraw a guilty plea, filed in the trial court, is required to confer jurisdiction upon this court when an appellant seeks to challenge a guilty plea in a criminal case. See State v. Reyes, 2002 UT 13, ¶ 3, 40 P.3d 630. A plea of no contest, as entered in this case, has the same effect as a guilty plea and sentence is rendered in the same manner. See Utah Code Ann. § 77-13-2 (1999). Review of the trial court record reveals that no motion to withdraw the plea was filed by Appellant. Therefore, this court lacks jurisdiction to consider his appeal from a no contest plea to assault, a class B misdemeanor.
Having determined that we lack jurisdiction over the appeal, we must dismiss it. See Varian-Eimac v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App. 1989) ("When a matter is outside the court's jurisdiction, it retains only the authority to dismiss the action."). The appeal is dismissed.
Norman H. Jackson, Presiding Judge, Pamela T. Greenwood, Judge, and Gregory K. Orme, Judge, concur.