Orem City v. Crossett

IN THE UTAH COURT OF APPEALS

----ooOoo----

Orem City,
Plaintiff and Appellee,

v.

Daniel Paul Crossett,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030210-CA
 

F I L E D
(June 19, 2003)
 

2003 UT App 208

-----

Fourth District, Orem Department

The Honorable John C. Backlund

Attorneys: Daniel Paul Crossett, Orem, Appellant Pro Se

Justin Johanson, Orem, for Appellee

-----

Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

This case is before the court on its own motion for summary dismissal for lack of jurisdiction. Neither party responded to the court's motion.

A timely motion to withdraw a guilty plea, filed in the trial court, is required to confer jurisdiction upon this court when an appellant seeks to challenge a guilty plea in a criminal case. See State v. Reyes, 2002 UT 13,¶3, 40 P.3d 630. A plea of no contest, as entered in this case, has the same effect as a guilty plea and sentence is rendered in the same manner. See Utah Code Ann. § 77-13-2 (1999). Review of the trial court record reveals that no motion to withdraw the plea was filed by Appellant. Therefore, this court lacks jurisdiction to consider his appeal from a no contest plea to assault, a class B misdemeanor.

Having determined that we lack jurisdiction over the appeal, we must dismiss it. 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."). The appeal is dismissed.

______________________________

Norman H. Jackson,

Presiding Judge

______________________________

Pamela T. Greenwood, Judge

______________________________

Gregory K. Orme, Judge