State of Utah v. Bryan

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State of Utah v. Bryan, Case No. 990956-CA, Filed June 29, 2000 IN THE UTAH COURT OF APPEALS

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Debbie Bryan,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990956-CA

F I L E D
June 29, 2000 2000 UT App 210 -----

Fourth District, Provo Department
The Honorable Ray M. Harding, Jr.

Attorneys:
Randall C. Gaither, Salt Lake City, for Appellant
Jan Graham and Kris C. Leonard, Salt Lake City, for Appellee

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Before Judges Greenwood, Davis, and Orme.

PER CURIAM:

The State of Utah moves to dismiss this appeal for lack of jurisdiction based upon an untimely notice of appeal. Appellant did not file a response opposing dismissal.

The trial court entered its judgment and sentence on September 1, 1999. Appellant filed a notice of appeal on November 1, 1999, two months after entry of the signed judgment. Appellant did not obtain an extension under Rule 4(e) of the Utah Rules of Appellant Procedure or file a timely motion that would operate to extend the time for appeal under Rule 4(b) of the Utah Rules of Appellate Procedure.

The notice of appeal was not filed "with the clerk of the trial court within 30 days after the date of entry of the judgment or order being appealed." Utah R. App. P. 4(a).

Accordingly, it did not establish jurisdiction in this court to consider the appeal.

We dismiss the appeal for lack of jurisdiction.
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge

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