Opinion
Case No. 20030973-CA.
Filed July 9, 2004. (Not For Official Publication).
Appeal from the Third District, Salt Lake Department, The Honorable Dennis M. Fuchs.
Elizabeth Hunt, Salt Lake City, for Appellant.
Mark L. Shurtleff and Matthew D. Bates, Salt Lake City, for Appellee.
Before Judges Bench, Greenwood, and Orme.
MEMORANDUM DECISION
This case is before the court on the State's motion for summary dismissal on the basis that this court lacks jurisdiction because the notice of appeal was untimely filed. See Utah R. App. 10 and Utah R. App. P. 4(a). Appellant pleaded guilty to the offenses of attempted aggravated robbery, attempted theft, and assault. Sentence was imposed on March 31, 2003. The Sentence, Judgment, and Commitment, however, were not filed until April 2, 2003. Appellant filed what was construed by the trial court to be a notice of appeal on November 24, 2003, well beyond the thirty day deadline for filing a notice of appeal. See Utah R. App. P. 4(a).
The State contends that the notice of appeal was filed on June 20, 2003. A letter to the trial court from Appellant was filed on that date but the trial court did not construe that letter as a notice of appeal. Regardless, the notice of appeal is untimely from either date.
As a result of the untimely notice of appeal, this court lacks jurisdiction and must dismiss the appeal. See State v. Bowers, 2002 UT 11, ¶ 5, 57 P.3d 1065. Accordingly, the appeal is dismissed.
Russell W. Bench, Associate Presiding Judge, Pamela T. Greenwood, Judge and Gregory K. Orme, Judge.