State of Utah v. L. R.

State v. L.R.

IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of L.R., a person under eighteen years of age.

 

State of Utah

Plaintiff and Appellant,

v.

L.R.,

Defendant and Appellee.

MEMORANDUM DECISION

(Not For Official Publication)
 

Case No. 981818-CA
 

F I L E D

(March 18, 1999)
 

1999 UT App 083A

 

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Third District Juvenile, Salt Lake Department

The Honorable Andrew A. Valdez

Attorneys: Jan Graham and Laura B. Dupaix, Salt Lake City, for

Appellant

Joan C. Watt and Sam N. Pappas, Salt Lake City,

for Appellee

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Before Judges Greenwood, Billings, and Jackson.

PER CURIAM:

The State seeks to appeal the juvenile court's decision to retain jurisdiction over L.R. concluding that he met the three retention factors of the Serious Youth Offender Act, Utah Code Ann. § 78-3a-602(3)(b) (1996). However, the State's ability to appeal in a criminal case is limited. Unless otherwise provided by statute, the State may appeal only from:

(a) a final judgment of dismissal, including a dismissal of a felony information following a refusal to bind the defendant over for trial;

(b) an order arresting judgment;

(c) an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial;

(d) a judgment of the court holding a statute or any part of it invalid;

(e) an order of the court granting a pretrial motion to suppress evidence when upon a petition for review the appellate court decides that the appeal would be in the interest of justice;

(f) under circumstances not amounting to a final order under subsection (2)(a), a refusal to bind the defendant over for trial on a felony as charged or a pretrial order dismissing or quashing in part a felony information, when upon a petition for review the appellate court decides that the appeal would be in the interest of justice; or

(g) an order of the court granting a motion to withdraw a plea of guilty or no contest.

Utah Code Ann. § 77-18a-1(2) (Supp. 1998); see also, Utah R. Crim. P. 26(3) (Supp. 1998) for parallel provisions.

In its docketing statement, the State argues that its appeal is allowed by subsection (f). Even if we assume that the subsection applies to a juvenile court's decision to retain jurisdiction under the Serious Youth Offender Act, which it may not, the State cannot rely upon this subsection because it filed a notice of appeal rather than a petition for review. None of the other subsections of Utah R. Crim. P. 26(3) (Supp. 1998) or Utah Code Ann. § 77-18a-1(2) (Supp. 1998) give the State the right to appeal the juvenile court's decision to retain jurisdiction.

Accordingly, the appeal is dismissed for lack of jurisdiction.

______________________________

Pamela T. Greenwood,

Associate Presiding Judge

______________________________

Judith M. Billings, Judge

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Norman H. Jackson, Judge