State v. Wall

Annotate this Case

Download PDF

IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. James Dean Wall, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20050997-CA F I L E D (December 22, 2005) 2005 UT App 557 ----Second District, Farmington Department, 031700149 The Honorable Thomas L. Kay Attorneys: James Dean Wall, Layton, Appellant Pro Se Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee ----- Before Judges Davis, McHugh, and Orme. PER CURIAM: James Dean Wall appeals from his conviction of communications fraud and contracting without a license. This is before the court on its own motion for summary disposition based on lack of jurisdiction. Wall was convicted in 2003. His sentence was entered in December 2003. Wall filed a motion for new trial, which, for the purposes of this appeal, will be considered timely. In February 2004, the trial court denied his motion in a signed minute entry. The minute entry was a final order for purposes of appeal. See Swenson Assocs. Architects, P.C. v. State, 889 P.2d 415, 417 (Utah 1994). Wall filed his notice of appeal in October 2005. A notice of appeal must be filed within thirty days after the order or judgment appealed from. See Utah R. App. P. 4(a). The thirtyday period is jurisdictional. See State v. Bowers, 2002 UT 100,¶5, 57 P.3d 1065. Because Wall did not file his notice of appeal within the thirty-day period, this court lacks jurisdiction over this appeal and must dismiss it. See id. Accordingly, this appeal is dismissed. ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge 20050997-CA 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.