State of Utah v. Huynh

IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,

v.

Shelly Huynh,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20030585-CA

F I L E D
(October 17, 2003)

2003 UT App 337

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Fourth District, Provo Department

The Honorable Guy R. Burningham

Attorneys: Shelly Huynh, Spanish Fork, Appellant Pro Se

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Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

Appellant Shelly Huynh seeks to appeal her conviction, based upon a guilty plea, of attempted forgery, a class A misdemeanor. This case is before the court on a sua sponte motion to dismiss the appeal for lack of jurisdiction. Neither party filed a response to the sua sponte motion.

The district court entered its judgment and sentence on July 25, 2001, and an amended sentence on August 29, 2001. Appellant filed a notice of appeal on July 14, 2003, well beyond the thirty-day time limit for initiating an appeal under rule 4(a) of the Utah Rules of Appellate Procedure. "If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal." Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616.

Once a court has concluded that it lacks jurisdiction, it "retains only the jurisdiction to dismiss the action." Varian-
Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1998). Accordingly, we dismiss the appeal for lack of jurisdiction.

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Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge