State v. Russo

Annotate this Case

Download PDF

IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Michael Christopher Russo, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20061142-CA F I L E D (April 19, 2007) 2007 UT App 133 ----Third District, Salt Lake Department, 061901032 The Honorable Leslie A. Lewis Attorneys: John Pace, Salt Lake City, for Appellant Mark L. Shurtleff and Kris C. Leonard, Salt Lake City, for Appellee ----- Before Judges Greenwood, Billings, and Orme. PER CURIAM: Michael Christopher Russo appeals his conviction and sentence for forgery. This case is before the court on its own motion for summary disposition based upon lack of jurisdiction due to the failure to file a timely notice of appeal. See Utah R. App. P. 4(a). A notice of appeal must be filed "with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." Id. If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal and must dismiss. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616. The district court entered its sentence, judgment, and commitment on September 26, 2006. Russo did not file a notice of appeal until December 18, 2006, approximately two months beyond the time limitation set forth in rule 4(a). See Utah R. App. P. 4(a). At the same time Russo filed his notice of appeal, he also filed a motion for an extension of time to file a notice of appeal. However, the motion for an extension of time to file the notice of appeal was also untimely. See Utah R. App. P. 4(e) (stating that a motion for extension of time to appeal must be filed no later than 30 days after the standard period for filing notices of appeal has run). Because Russo did not timely file his notice of appeal, this court lacks jurisdiction to hear the appeal and must dismiss. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989) (stating that if the court lacks jurisdiction over an appeal, it has only the authority to dismiss the action). The appeal is dismissed. ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ Gregory K. Orme, Judge 20061142-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.