State of Utah v. Plum

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State of Utah v. Plum, Case No. 20000836-CA, Filed May 17, 2001 IN THE UTAH COURT OF APPEALS


State of Utah,
Plaintiff and Appellee,


Torin A. Plum,
Defendant and Appellant.

(Not For Official Publication)

Case No. 20000836-CA

May 17, 2001 2001 UT App 155 -----

Fifth District, St. George Department
The Honorable G. Rand Beacham

Torin A. Plum, Draper, Appellant Pro Se
Eric A. Ludlow and O. Brenton Rowe, St. George, for Appellee


Before Judges Greenwood, Billings, and Davis.


Appellant Torin A. Plum appeals his conviction, following a guilty plea, of Violation of a Protective Order, a Class A misdemeanor. This case is before the court on a sua sponte motion for summary disposition.

The district court entered its original judgment and sentence on March 1, 2000, and an amended judgment and sentence on August 22, 2000. Plum filed an unsigned notice of appeal in the district court on September 22, 2000, and a signed notice of appeal on September 28, 2000. The judgment and sentence was amended a second time and entered on December 26, 2000. This amendment resolved Plum's claims with regard to his entitlement to additional credit for time served. Plum did not appeal from the second amended judgment.

A notice of appeal must be filed within thirty days of the entry of the judgment or order being appealed. See Utah R. App. P. 4(a). The time for appeal from the August 22, 2000 judgment expired on September 21, 2000. Even assuming that the filing date of the notice of appeal was September 22, 2000, the notice of appeal was one day late and did not confer jurisdiction on this court to consider the appeal. In addition, the amended judgment from which this appeal was taken was subsequently amended nunc pro tunc by the district court, and no appeal was taken from the second amended judgment. Having determined that we lack jurisdiction, we must dismiss the appeal. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989) ("When a matter is outside the court's jurisdiction it retains only the authority to dismiss the action.").

We dismiss the appeal for lack of jurisdiction.

Pamela T. Greenwood,
Presiding Judge

Judith M. Billings, Judge

James Z. Davis, Judge