Opinion
Case No. 20060545-CA.
Filed August 17, 2006. (Not For Official Publication).
Appeal from the Fourth District, Provo Department, 055419688 The Honorable Samuel McVey.
Roderick Allen, Provo, Appellant Pro Se.
Vernon F. Romney and Stephen Schreiner, Salt Lake City, for Appellee.
Before Judges Davis, McHugh, and Orme.
MEMORANDUM DECISION
Appellant Roderick Allen seeks to appeal his conviction for failure to obey a traffic control device, a class C misdemeanor. This case is before the court on a sua sponte motion for summary disposition.
The district court entered the judgment and sentence on April 6, 2006. Allen's notice of appeal was filed in the district court on June 5, 2006. A notice of appeal must be filed within 30 days after entry of the order or judgment being appealed. See Utah R. App. P. 4(a). Although Allen claimed in the district court that he mailed a timely notice of appeal to the district court, there is no record support for that claim, and Allen did not obtain an extension of the time to appeal from the district court. See Utah R. App. P. 4(e).
"If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal." Serrato v. Utah Transit Auth., 2000 UT App 299, ¶ 7, 13 P.3d 616. "When a matter is outside the court's jurisdiction it retains only the authority to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App. 1989).
We dismiss the appeal for lack of jurisdiction.
James Z. Davis, Judge, Carolyn B. McHugh, Judge, and Gregory K. Orme, Judge, concur.