State of Utah v. Sah

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State of Utah v. Sah, Case No. 990491-CA, Filed June 8, 2000 IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,

v.

Kenhai Sah,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990491-CA

F I L E D
June 8, 2000 2000 UT App 181 -----

Seventh District, Castle Dale Department
The Honorable Bryce K. Bryner

Attorneys:
Kenhai Sah, Greenriver, Appellant Pro Se
David A. Blackwell, Castle Dale, for Appellee

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Before Judges Bench, Davis, and Orme.

PER CURIAM:

Appellant appeals his conviction following a bench trial de novo in a matter originating in the justice court. We dismiss the appeal.

A person not satisfied with a judgment rendered in the justice court is entitled to a trial de novo in the district court. See Utah Code Ann. § 78-5-120 (Supp. 1999). The judgment of the district court after trial de novo is final and may not be appealed unless the constitutionality of a statute or rule is raised and ruled upon. See id.; see also City of Monticello v. Christensen, 769 P.2d 853 (Utah Ct. App. 1989), aff'd, 788 P.2d 513 (Utah 1989), cert. denied, 498 U.S. 841 (1990); State v. Hinson, 966 P.2d 273 (Utah Ct. App. 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).

Appellant has already exercised his constitutional right to appeal the justice court decision, receiving a trial de novo in the district court. Appellant's attempts to pursue an appeal in this court are ineffective under Utah law. Neither the justice court nor the district court ruled on the constitutionality of a statute or ordinance. Accordingly, this court is unable to entertain the appeal. See Guskey, 965 P.2d at 1066. "[O]nce a justice court judgment is appealed to . . . [the district] court, article I section 12 and article VIII section 5 of the state constitution do not entitle a disgruntled party to plenary review . . . of the [district] court's judgment." Matus, 789 P.2d at 305.

Dismissed.
 
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 
 

______________________________
Gregory K. Orme, Judge

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