Lay v. State

IN THE UTAH COURT OF APPEALS

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Ronald M. Lay,

Petitioner and Appellant,

v.

State of Utah,

Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040159-CA
 

F I L E D
(April 22, 2004)
 

2004 UT App 124

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Second District, Ogden Department

The Honorable Pamela G. Heffernan

Attorneys: Ronald M. Lay, Gunnison, Appellant Pro Se

Mark L. Shurtleff and Erin Riley, Salt Lake City,
for Appellee

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Before Judges Billings, Orme, and Thorne.

PER CURIAM:

Petitioner appeals from a district court decision entered on January 15, 2004. This case is before the court on its own motion for summary dismissal for lack of jurisdiction.

An appeal may be taken from a "final judgment on a petition for post-conviction relief." Utah Code Ann. § 78-35a-110 (2002); see also Utah R. Civ. P. 65C(o). A final judgment "end[s] the controversy between the litigants." Loffredo v. Holt, 2001 UT 97,¶12, 37 P.3d 1070. This court does not have jurisdiction to consider an appeal unless the appeal is taken from a final judgment or order, see Utah R. App. P. 3(a), or qualifies for an exception to the final judgment rule. See Loffredo, 2001 UT 97 at ¶¶10, 15. When this court lacks jurisdiction it must dismiss the appeal. See id. at ¶11.

The district court's decision reserves issues and does not resolve Petitioner's petition for post-conviction relief. Therefore, the decision is not a final judgment or order. Furthermore, no exceptions to the final judgment rule apply.

Accordingly, Petitioner's appeal is dismissed without prejudice to the timely filing of a notice of appeal from a final judgment or order entered by the district court.

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Judith M. Billings,

Presiding Judge

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Gregory K. Orme, Judge

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William A. Thorne Jr., Judge