Watkins v. State BoP

----ooOoo----

Charles Watkins,
Petitioner and Appellant,

v.

Utah State Board of Pardons and Parole,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000526-CA

F I L E D
August 31, 2000 2000 UT App 253 -----

Third District, Salt Lake Department
The Honorable William A. Thorne

Attorneys:
Charles Watkins, Draper, Appellant Pro Se
Jan Graham and J. Frederic Voros Jr., Salt Lake City, for Appellee

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Before Judges Jackson, Billings, and Orme.

PER CURIAM:

This case is before the court on a sua sponte motion for summary dismissal. Appellant did not file a response.

In a signed minute entry dated January 14, 2000, the trial court announced the dismissal of the petitions filed in case no. 980906416 and in case no. 990909152, and entered an order of dismissal signed on January 14, 2000 pertaining to both cases. Appellant filed a motion that acknowledged receipt of the minute entry, but claimed he had not received a copy of the signed order. Despite receiving notice of the court's ruling and the entry of an order of dismissal, appellant did not file a timely notice of appeal.

The notice of appeal filed on May 5, 2000 sought to appeal from a signed minute entry dated April 3, 2000 that denied a motion for relief from judgment and ruled on other motions. Even assuming this minute entry order was intended to be a final judgment, the notice of appeal was untimely under Rule 4(a) of the Utah Rules of Appellate Procedure. Appellant provided no proof the notice was timely filed under Rule 4(f) of the Utah Rules of Appellate Procedure.

On June 9, 2000, after receiving an additional copy of the Order Denying Request for Extraordinary Relief, appellant filed a notice of appeal purportedly taken from the January 14, 2000 order, stating in the notice that he had not received a copy of the order until May 11, 2000. The record does not support the claim that appellant did not receive a copy of the order at the time of its issuance or notice of its entry. The notice of appeal filed six months after dismissal of the petition was untimely under Rule 4(a).

Accordingly, we dismiss the appeal.
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 

______________________________
Gregory K. Orme, Judge