State of Utah v. Cabada

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Nestor Jesus Cabada,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010898-CA

F I L E D
July 5, 2002 2002 UT App 226 -----

Fifth District, St. George Department
The Honorable G. Rand Beacham

Attorneys:
Margaret P. Lindsay, Provo, for Appellant
Eric A. Ludlow and O. Brenton Rowe, St. George, for Appellee -----

Before Judges Davis, Greenwood, and Orme.

PER CURIAM:

This matter is before the court on a sua sponte motion. The parties filed a stipulated response stating that summary dismissal is appropriate because the trial court has not entered a final, appealable order.

In a signed minute entry, dated October 25, 2001, the trial court stayed imposition of the sentence. Until the defendant has been sentenced, there is not a final, appealable order. SeeState v. Hunsaker, 933 P.2d 415, 416 (Utah Ct. App. 1997) (per curiam) ("Because defendant has not been sentenced, the appeal was not taken from a final order, and this court lacks jurisdiction to consider the appeal."); State v. Gerrard, 584 P.2d 885, 886 (Utah 1978) ("It is the sentence itself which constitutes a final judgment from which appellant has the right to appeal.").

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.
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
Pamela T. Greenwood, Judge
 
 

______________________________
Gregory K. Orme, Judge