Opinion
Case No. 20010391-CA.
Filed September 13, 2001. (Not For Official Publication)
Appeal from the Fourth District, Provo Department, The Honorable Lynn W. Davis.
Earl Sherod, Spanish Fork, Appellant Pro Se.
Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee.
Before Judges Jackson, Bench, and Thorne.
MEMORANDUM DECISION
Appellant, Earl Sherod, appeals from a sentencing order entered in district court on April 25, 2001. Mr. Sherod filed a notice of appeal in trial court on April 26, 2001, the day after his sentencing. However, on May 7, 2001, Sherod filed a motion for a new trial in district court, which has yet to be ruled upon. This court does not have jurisdiction to hear Mr. Sherod's appeal, while the motion for a new trial is pending in district court. See Utah Rules of Appellate Procedure 4(b).
The timely filing of the motion for a new trial pursuant to Rule 24 of the Utah Rules of Criminal Procedure, tolls the time for filing a notice of appeal. The time for filing an appeal would run upon entry of an order denying a new trial. See Utah R. App. P. 4(b). Furthermore, a notice of appeal filed prior to disposition of a timely motion for a new trial "shall have no effect," and a new notice of appeal must be filed within thirty days of entry of an order denying the motion for a new trial. Id.
The appeal is dismissed for lack of jurisdiction.
Norman H. Jackson, Associate Presiding Judge, Russell W. Bench, Judge, William A. Thorne, Jr., Judge.