C.R. v. State (In re C.R.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of C.R., a person under eighteen years of age. ______________________________ C.R., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20040281-CA F I L E D (November 10, 2005) 2005 UT App 486 ----Eighth District Juvenile, Vernal Department, 170075 The Honorable Larry A. Steele Attorneys: Michael L. Humiston, Heber City, for Appellant Mark L. Shurtleff and Joanne C. Slotnik, Salt Lake City, for Appellee ----- Before Judges Bench, Davis, and Orme. BENCH, Associate Presiding Judge: Appellant C.R. appeals a juvenile court judgment of wanton destruction of protected wildlife, a third degree felony if committed by an adult, in violation of Utah Code section 23-20-4. See Utah Code Ann. § 23-20-4 (Supp. 2005). Among other issues, C.R. asserts that the State did not have jurisdiction over this case because he was hunting in Indian Country. "Whether the juvenile court had jurisdiction is a question of law which we review under a correction of error standard." Department of Human Servs. v. B.R., 2002 UT App 25,¶6, 42 P.3d 390 (quotations and citations omitted). The facts of this case are, in all relevant respects, identical to the facts in State v. Reber, 2005 UT App 485. In that case, this court held that the State lacked jurisdiction to prosecute a violation of section 23-20-4 when committed in "Indian Country." See id. As in Reber, we vacate the judgment in this case for lack of jurisdiction. ______________________________ Russell W. Bench, Associate Presiding Judge ----WE CONCUR: ______________________________ James Z. Davis, Judge ______________________________ Gregory K. Orme, Judge 20040281-CA 2

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