State of Utah v. Meeke

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Lori J. Meeke,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000116-CA

F I L E D
July 20, 2000
  2000 UT App 224 -----

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

Attorneys:
Lori J. Meeke, Salt Lake City, Appellant Pro Se
Roger S. Blaylock, Salt Lake City, for Appellee -----

Before Judges Greenwood, Jackson, and Bench.

PER CURIAM:

This case is before the court on the State's motion for summary disposition and motion to dismiss appeal, and on a sua sponte motion for summary disposition.

A notice of appeal must "be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." Utah R. App. P. 4(a). The trial court signed and entered its judgment and sentence on November 12, 1999. On January 3, 2000, the trial court denied a motion to withdraw guilty plea in an unsigned minute entry. An unsigned minute entry is not a final appealable judgment. See e.g., Gallardo v. Bolinder, 800 P.2d 816, 817 (Utah 1990) (per curiam). On February 2, 2000, appellant filed her "2nd Request on Appeal," and on February 4 and 8, 2000, she filed a notice of appeal taken from "the final order . . . entered in this matter on Jan. 3 2000 [and] Nov. 12 1999." Each of these documents was filed in the trial court more than thirty days after the entry of the judgment and sentence, and they are therefore untimely under Rule 4(a).

Accordingly, we dismiss the appeal for lack of jurisdiction.
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 

______________________________
Russell W. Bench, Judge