State of Utah v. Dean

----ooOoo---- State of Utah, 

Plaintiff and Appellee,

v.

Richard Dean,

Defendant and Appellant. )
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) MEMORANDUM DECISION
(Not For Official Publication)

Case No. 981725-CA

F I L E D
(December 31, 1998)

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Third District, Salt Lake Department
The Honorable Stephen L. Henriod

Attorneys:
Joan C. Watt, Salt Lake City, for Appellant
E. Neal Gunnarson and Brendan P. McCullagh, Salt Lake City, for Appellee

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Before Judges Wilkins, Bench, and Orme.

PER CURIAM:

This matter is before the court on its own motion for summary dismissal on the ground that the court lacks jurisdiction over a case originating in the justice court. The motion is granted and the appeal is dismissed.

Utah Code Ann. § 78-5-120 (Supp. 1998) and Utah R. Crim. P. 26(12) provide that a person not satisfied with a judgment rendered in the justice court is entitled to a trial de novo in the district court, and that the judgment of the district court after trial de novo is final and may not be appealed unless the constitutionality of a statute or ordinance is raised. Appellate courts have unwaveringly held that these provisions and their predecessors divest this court of jurisdiction to hear an appeal from proceedings in the district court held pursuant to an appeal from the justice court unless the issues raised in the justice court involve the validity or constitutionality of an ordinance or statute. See City of Monticello v. Christensen, 788 P.2d 513 (Utah 1988); State v. Hinson, 966 P.2d 273 (1998); City of Kanab v. Guskey, 965 P.2d 1065 (Utah Ct. App. 1998); State v. Matus, 789 P.2d 304 (Utah Ct. App. 1990).

This case does not involve the validity or constitutionality of an ordinance or statute. Accordingly, we have no choice but to dismiss the appeal for lack of jurisdiction.
 

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Michael J. Wilkins, Associate Presiding Judge
 

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Russell W. Bench, Judge
 

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Gregory K. Orme, Judge