State of Utah, in the interest of A.L.

State of Utah, in the interest of A.L., a person under eighteen years of age, Case No. 990864-CA, Filed June 15, 2000 IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of A.L.,
a person under eighteen years of age.
______________________________

State of Utah,
Appellee,

v.

A.L.,
Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990864-CA

F I L E D
June 15, 2000
  2000 UT App 173 -----

Third District Juvenile, Coalville Department
The Honorable Arthur G. Christean

Attorneys:
Julie George, Salt Lake City, for Appellant
Jan Graham and Karen Klucznik, Salt Lake City, for Appellee

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Before Judges Greenwood, Jackson, and Billings.

PER CURIAM:

This case is before the court on the State's motion to dismiss the appeal for lack of jurisdiction.

The juvenile court entered an adjudication order under Utah Code Ann. § 78-3a-104(1)(a) (Supp. 1999), setting the matter for disposition on a later date. A.L. appealed and filed a motion for certificate of probable cause. The court granted the motion, but did not enter a final disposition under Utah Code Ann. § 78-3a-118 (Supp. 1999).

An appeal in a delinquency proceeding may be taken only from "[a] final, appealable order . . . that ends the current juvenile proceedings, leaving no question open for further judicial action." In re T.D.C, 748 P.2d 201, 202 (Utah Ct. App. 1988) (per curiam). Thus, an order placing a juvenile in the custody of the Division of Youth Corrections for observation and assessment and continuing the matter for further disposition was not final and appealable. Similarly, in this case, the court entered no final dispositional order under Utah Code Ann. § 78-3a-118.

Because no final disposition has been entered in this case, the appeal is not taken from a final order of the juvenile court, and this court lacks jurisdiction over the appeal. See Utah R. Juv. P. 52(a) ("An appeal may be taken from the juvenile court to the Court of Appeals from a final judgment, order or decree."). Accordingly, we dismiss the appeal for lack of jurisdiction.
 
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 
 

______________________________
Judith M. Billings, Judge