State of Utah v. Summerhays

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State of Utah v. Summerhays, Case No. 20000484-CA, Filed November 30, 2000 IN THE UTAH COURT OF APPEALS

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Scott Summerhays,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000484-CA

F I L E D
November 30, 2000 2000 UT App 341 -----

Third District, Salt Lake Department
The Honorable Sheila K. McCleve

Attorneys:
Gary Buhler, Grantsville, for Appellant -----

Before Judges Greenwood, Orme, and Thorne.

PER CURIAM:

Appellant Scott Summerhays appeals from his sentence imposed following revocation of his probation. This case is before the court on a sua sponte motion for summary disposition.

Based upon a review of the trial court record, we determine that the record contains neither a final judgment nor a sentence signed by the trial judge and filed with the clerk. See Utah R. Civ. P. 58A (stating "all judgments shall be signed by the judge and filed with the clerk"). The record also contains no signed minute entry, which in some circumstances can take the place of a more formal judgment.(1) See Ron Shepard Ins. v. Shields, 882 P.2d 650, 653 (Utah 1994). Absent a final order, the appellate court lacks jurisdiction and must dismiss the appeal. See State v. Rawlings, 829 P.2d 150, 153 (Utah Ct. App. 1992); see also Utah R. App. P. 3(a) ("An appeal may be taken from a district . . . court to the appellate court with jurisdiction over the appeal from all final orders and judgments.").

We dismiss the appeal for lack of jurisdiction without prejudice to a timely appeal following the entry of a final appealable judgment.
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge
 
 
 
 

______________________________
William A. Thorne, Jr., Judge

1. A copy of a Commitment After Judgment appears in the record, directing any peace officer to take appellant into custody based upon adjudication of guilt and sentence. It is unclear whether this form was initialed by the trial court judge. In any event, it cannot serve as a judgment because it does not contain an order sentencing appellant and merely commands any peace officer to taken appellant into custody "based upon" the judgment and sentence.

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