State of Utah v. Brooks

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Vear Brooks,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010414-CA

F I L E D
January 31, 2002 2002 UT App 21 -----

Third District, Salt Lake Department
The Honorable J. Dennis Frederick

Attorneys:
Vear Brooks, Gunnison, Appellant Pro Se -----

Before Judges Billings, Davis, and Thorne.

PER CURIAM:

This case is before the court on a sua sponte motion for summary dismissal on the basis that the appeal is not taken from a final appealable judgment. Appellant does not dispute that the district court has not entered a decision on his motion to correct illegal sentence; however, he requests this court to determine the motion on its merits based upon the trial court record.

The appeal can be taken only from a decision on the motion to correct illegal sentence that constitutes a final appealable order. See Utah R. App. P. 3(a). Appellant cannot file a notice of appeal seeking a ruling in the first instance from the appellate court. As indicated in the trial court record, appellant's actions have prevented the trial court from ruling on his motion.

We dismiss the appeal for lack of jurisdiction because it is not taken from any order or judgment of the district court. Our dismissal is without prejudice to a timely appeal initiated after a decision by the district court on appellant's pending motion to correct illegal sentence.
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
James Z. Davis, Judge
 
 

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William A. Thorne, Jr., Judge