Provo City v. Lundahl

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Provo City v. Lundahl, Case No. 20000528-CA, Filed February 8, 2001 IN THE UTAH COURT OF APPEALS

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Provo City,
Plaintiff and Appellee,

v.

Holli Lundahl,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000528-CA

F I L E D
February 8, 2001 2001 UT App 40 -----

Fourth District, Provo Department
The Honorable Steven L. Hansen

Attorneys:
Holli Lundahl, Midvale, Appellant Pro Se

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Before Judges Bench, Davis, and Thorne.

PER CURIAM:

In a May 3, 2000 minute entry, the trial court dismissed the case against Holli Lundahl (Lundahl) for driving on suspension because Provo failed to respond to her motion. Lundahl has filed an appeal from the dismissal of the case because she wanted the trial court to address the issues raised in her motion. However, she may only appeal from a "final judgment of conviction, whether by verdict or plea." Utah Code Ann. § 77-18a-1(1) (1999).

Lundahl was not convicted, and, thus, has nothing to appeal.

The appeal is dismissed.(1)
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 

______________________________
James Z. Davis, Judge
 
 
 

______________________________
William A. Thorne, Jr., Judge

1. The issues Lundahl raised in her motion--asking the trial court to alter a California decision revoking her driver's license and order the Utah Driver License Division to issue her a driver's license--were not properly before the trial court. The only issue before the court was whether Lundahl was driving on a suspended license and the trial court dismissed the charges due to Provo's inaction. The issues raised in Lundahl's motion were the subject of Case No. 990201487, Fourth District Court, Orem Department, and rejected by this court in Case No. 20000237.

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