Park City v. Levy

----ooOoo----

Park City,
Plaintiff and Appellee,

v.

Samuel A. Levy,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990777-CA

F I L E D
June 2, 2000 2000 UT App 158  -----

Third District, Park City Department
The Honorable Pat B. Brian

Attorneys:
Gerry D'Elia, Park City, for Appellant

-----

Before Judges Bench, Davis, and Orme.

PER CURIAM:

While it is true that a sentence is a final judgment from which an appeal may be taken,(1) such a sentence must be signed by the trial court. See Hinkins v. Santi, 25 Utah 2d 324, 481 P.2d 53, 54 (1971) (stating sentence is not final when court has orally sentenced defendant, but has not entered written order); see also Utah R. Crim. P. 22(c) (requiring trial court to impose sentence and enter judgment of conviction); State v. Wright, 904 P.2d 1101, 1102 (Utah Ct. App. 1995) (stating "[t]he oral statement from the court regarding defendant's sentence was not reduced to writing and thus defendant's sentence was not entered until [the date it was reduced to writing and signed]") (citation omitted). Appellant concedes that the trial court "never entered a signed judgment and commitment or any other written appealable final order."

Accordingly, we have no alternative but to dismiss the appeal for lack of jurisdiction. This dismissal is without prejudice to the filing of a new, timely notice of appeal after the trial court enters a final, appealable order.
 
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge

1. See State v. Gerrard, 584 P.2d 885, 886 (Utah 1978) (stating sentence constitutes final judgment from which appellant has right to appeal).