State of Utah v Carfaro

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State v. Carfaro. Filed March 18, 1999  
IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,

v.

Stephan Carfaro,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990002-CA

F I L E D
March 18, 1999 1999 UT App 079

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Third District, West Valley Department
The Honorable Anthony B. Quinn

Attorneys:
Stephan Carfaro, Appellant Pro Se
David E. Yocom and Brendan P. McCullagh, Salt Lake City, for Appellee

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Before Judges Greenwood, Billings, and Jackson.

PER CURIAM:

Utah R. App. P. 3(a) provides that an appeal may be taken from a district court from all final orders and judgments. Absent a final judgment, the appellate court lacks jurisdiction and must dismiss the appeal. State v. Rawlings, 829 P.2d 150, 153 (Utah Ct. App. 1992). To be final, a judgment must be in writing and must be signed by the trial court. Hinkins v. Santi, 25 Utah 2d 324, 481 P.2d 53 (1971). In a criminal case, "[i]t is the sentence itself which constitutes a final judgment from which appellant has the right to appeal." State v. Gerrard, 584 P.2d 885, 886 (Utah 1978).

In the case at hand, appellant has not yet been sentenced and the trial court has entered no written, signed judgment of conviction and sentence. Thus, there is no final judgment for this court to review, and we have no alternative but to dismiss the appeal for lack of jurisdiction. This dismissal is without prejudice to the filing of a new, timely notice of appeal after the trial court enters a final judgment.
 

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Pamela T. Greenwood,
Associate Presiding Judge
 

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Judith M. Billings, Judge
 

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Norman H. Jackson, Judge