State of Utah v. Woitock

State v. Woitock

IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,

v.

David C. Woitock,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20030025-CA

F I L E D
(October 17, 2003)

2003 UT App 347

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Third District, Salt Lake Department

The Honorable William W. Barrett

Attorneys: David C. Woitock, Salt Lake City, Appellant Pro Se

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Before Judges Jackson, Bench, and Orme.

PER CURIAM:

Appellant David C. Woitock appeals his conviction of Speeding, an infraction, following a trial de novo in district court on appeal from a conviction in justice court. This case is before the court on a sua sponte motion for summary dismissal.

This case originated in the Holladay Justice Court. Woitock appeals the decision of the district court following a trial de novo. Utah Code Ann. § 78-5-120(7) (2002) states that "[t]he decision of the district court is final and may not be appealed unless the district court rules on the constitutionality of a statute or ordinance." "By enacting . . . section 78-5-120 . . . the Utah Legislature . . . specifically and intentionally limited the issues that may be appealed from a district court's judgment." State v. Hinson, 966 P.2d 273, 276 (Utah Ct. App. 1998). Accordingly, "absent an issue regarding the constitutionality of a statute or ordinance, the decision of the district court is final and this court has no jurisdiction to hear an appeal thereof." Id. at 277.

Although Woitock asserted a violation of the constitutional requirements for the separation of church and state, his claim does not constitute a challenge to the constitutionality of a specific statute or ordinance. The district court did not rule on the constitutionality of any statute or ordinance.

Accordingly, we dismiss this appeal for lack of jurisdiction under section 78-5-120(7).

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Norman H. Jackson,

Presiding Judge

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Russell W. Bench, Judge

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Gregory K. Orme, Judge