State of Utah v. Lang

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Donald G. Lang,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020574-CA

F I L E D
October 3, 2002 2002 UT App 327 -----

Third District, Salt Lake Department
The Honorable Randall N. Skanchy

Attorneys:
Benjamin A. Hamilton, Salt Lake City, for Appellant -----

Before Judges Jackson, Billings, and Bench.

PER CURIAM:

Appellant Donald G. Lang appeals from the district court's decision denying a motion to dismiss, dated June 25, 2002. This case is before the court on a sua sponte motion for summary disposition on the basis that this court lacks jurisdiction over an appeal following trial de novo "unless the district court rules on the constitutionality of a statute or ordinance." Utah Code Ann. § 78-5-120(7) (Supp. 2002). Based upon our review of the trial court record, we dismiss the case for lack of a final appealable judgment.

Lang was orally sentenced by the district court on April 22, 2002, but no signed judgment and sentence appears in the trial court record. The final appealable judgment in a criminal case is the sentence. See 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."). Although the district court entered a belated ruling denying a motion to dismiss on June 25, 2002, no final appealable judgment in the form of a signed judgment and sentence has ever been entered in this case. See Utah R. App. P. 3(a); State v. Crowley, 737 P.2d 198, 198-99 (Utah 1987) ("An unsigned minute entry does not constitute a final order for purposes of appeal."). Because we conclude that the case must be dismissed for lack of a final judgment, we do not consider the grounds for dismissal under section 78-5-120(7). See Varian-Eimac v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989) ("When a matter is outside the court's jurisdiction it retains only the authority to dismiss the action.").

Accordingly, we dismiss the appeal for lack of jurisdiction.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
Russell W. Bench, Judge