State of Utah v. Mather

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State v. Mather. Filed March 25, 1999 IN THE UTAH COURT OF APPEALS


State of Utah,
Plaintiff and Appellee,


Matthew Wade Mather,
Defendant and Appellant

(Not For Official Publication)

Case No. 990017-CA

March 25, 1999 1999 UT App 098


Fourth District, Provo Department
The Honorable Anthony W. Schofield

Matthew Wade Mather, Boise, Idaho, Appellant Pro Se
Jan Graham and Christine F. Soltis, Salt Lake City, for Appellee


Before Judges Greenwood, Billings, and Jackson.


Utah R. App. P. 4(a) requires that a notice of appeal "shall be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." The sentence which Mather seeks to appeal was entered on March 19, 1998. His notice of appeal was not filed until December 4, 1998, well after the 30 day appeal period.

Accordingly, we have no alternative but to dismiss the appeal for lack of jurisdiction.(1)

Pamela T. Greenwood,
Associate Presiding Judge

Judith M. Billings, Judge

Norman H. Jackson, Judge

1. Mather previously appealed the trial court's denial of his motion to withdraw his plea in Case No. 981223-CA. In an August 27, 1998, memorandum decision this court affirmed the trial court. Thus, even if Mather could overcome the jurisdictional defect in the present appeal, he would be unsuccessful on the merits.