State of Utah v. Abbott

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Velma F. Abbott,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000405-CA

F I L E D
November 30, 2000 2000 UT App 342 -----

Second District, Ogden Department
The Honorable Michael J. Glasmann

Attorneys:
Velma F. Abbott, Draper, Appellant Pro Se
Jan Graham and Laura B. Dupaix, Salt Lake City, for Appellee

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Before Judges Greenwood, Orme, and Thorne.

PER CURIAM:

Appellant Velma F. Abbott appeals from the restitution order entered in this case. Abbott did not file a timely appeal from the conviction and sentence, and no further issues are properly before this court. The appeal is before the court on a sua sponte motion for summary affirmance. Abbott did not file a response.

Based upon our review of the trial court record, we conclude the appeal was taken from a signed minute entry that was intended to serve as the court's final order on restitution. Accordingly, we have jurisdiction to consider the merits of the appeal and to determine the motion for summary affirmance. We grant the motion for the following reasons. First, the restitution order Abbott seeks to appeal was entered pursuant to a stipulation that she consented to in open court after consultation with counsel. Second, the issues raised in her docketing statement concerning determination of the restitution amount were addressed by the stipulation. Abbott has not demonstrated any basis on which the stipulation may be disregarded. "[T]here is an institutional hesitancy to relieve a party from a stipulation negotiated and entered into with the advice of counsel." Rivera v. State Farm Mut. Auto. Ins. Co., 2000 UT App 36,¶11, 1 P.3d 539, 542 (citing Birch v. Birch, 771 P.2d 1114, 1116 (Utah Ct. App. 1989)).

On the basis of the foregoing, we affirm the restitution order.
 
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge
 
 
 
 
 

______________________________
William A. Thorne, Jr., Judge