State of Utah, v. York

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

William M. York,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020028-CA

F I L E D
April 11, 2002 2002 UT App 116 -----

Fourth District, Nephi Department
The Honorable Donald J. Eyre

Attorneys:
William M. York, Delta, Appellant Pro Se
David O. Leavitt and Perry R. Davis, Nephi, for Appellee -----

Before Judges Jackson, Bench, and Orme.

PER CURIAM:

This matter is before the court on a sua sponte motion for summary dismissal under Rule 10 of the Utah Rules of Appellate Procedure. Appellant appeals his conviction of a speeding infraction. This case originated in the Nephi Justice Court. Appellant appealed and obtained a trial de novo in Fourth District Court. Appellant appealed to this court from the district court judgment after a trial de novo.

Utah Code Ann. § 78-5-120 (Supp. 2001) provides that no appeal may be taken from the judgment after a trial de novo unless the court rules on the constitutionality of a statute or ordinance. In all other cases, the judgment after trial de novo is final and not appealable. See id. § 78-5-120(7).

In this case, the judgment entered by the district court does not contain a ruling on the constitutionality of a statute or ordinance, and the record does not contain any motion seeking such a ruling. Under the circumstances, there is no record support establishing that the district court made any ruling that would serve as the prerequisite to this court's appellate jurisdiction.

Accordingly, the appeal is dismissed for lack of jurisdiction.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Gregory K. Orme, Judge