Kruitbosch v. State of Utah

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Gary Taylor Kruitbosch,
Petitioner and Appellant,

v.

State of Utah,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000362-CA

F I L E D
September 28, 2000 2000 UT App 270 -----

Third District, Salt Lake Department
The Honorable Timothy R. Hanson

Attorneys:
Gary Taylor Kruitbosch, Appellant Pro Se
Jan Graham and James H. Beadles, Salt Lake City, for Appellee

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Before Judges Jackson, Billings, and Orme.

PER CURIAM:

The court moved sua sponte for summary disposition on the grounds that the court lacked jurisdiction because the notice of appeal was not timely filed, and that the issues for review were so insubstantial that they did not merit further proceedings and consideration by the court. The parties were directed to respond to the motion. Appellee did not file a response.

The trial court's order dismissing appellant's petition for postconviction relief was entered on February 10, 2000. Appellant's notice of appeal was filed on April 25, 2000. Rule 4(a) of the Utah Rules of Appellate Procedure provides that a notice of appeal must be filed within thirty days of entry of the judgment or order from which an appeal is taken. When and whether appellant received a copy of the final judgment or order as entered does not affect this timeframe. See Utah R. Civ. P. 58A(c) and (d). Because the notice of appeal was not timely filed, this court lacks jurisdiction to consider the appeal.

Accordingly, the court grants the sua sponte motion for summary disposition.

The appeal is dismissed.
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge