Opinion
Case No. 20070116-CA.
Filed April 19, 2007.
Eighth District, Roosevelt Department, 061000302 The Honorable John R. Anderson.
Attorneys: Robert W. Horn, Jackson Hole, Wyoming, for Appellant Clark B. Allred, Vernal, for Appellee.
Before Judges Greenwood, Billings, and Orme.
MEMORANDUM DECISION
Arthur John Fryer seeks to appeal his conviction of writing a false statement. This is before the court on its own motion for summary disposition based on lack of jurisdiction due to an untimely notice of appeal.
Utah Rule of Appellate Procedure 4(a) requires a notice of appeal to be filed within thirty days after the entry of the final judgment.See Utah R. App. P. 4(a). Fryer was sentenced on January 4, 2007. His notice of appeal was not filed in the trial court until February 6, 2007, thirty-one days after the entry of the final judgment. Thus, his notice of appeal was untimely filed.
It is well established that the thirty-day period for filing an appeal in a criminal case is jurisdictional. See State v. Bowers, 2002 UT 100, ¶ 5, 57 P.3d 1065. "[I]t is `axiomatic in this jurisdiction that failure to perfect an appeal is a jurisdictional failure requiring dismissal of the appeal.'" Id. (citation omitted). Because Fryer's notice of appeal was untimely filed, this court lacks jurisdiction over the appeal and must dismiss it. See id.
Fryer requests this court to reinstate his right to appeal pursuant toManning v. State, 2005 UT 61, 122 P.3d 628. However, this court cannot grant such relief. Fryer must instead seek such relief in the trial court. See State v. Cox, 2006 UT 32, ¶¶ 1, 11, 137 P.3d 806.
Dismissed.