State of Utah v. Sherod

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Earl Sherod,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010391-CA

F I L E D
September 13, 2001 2001 UT App 269 -----

Fourth District, Provo Department
The Honorable Lynn W. Davis

Attorneys:
Earl Sherod, Spanish Fork, Appellant Pro Se
Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee

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Before Judges Jackson, Bench, and Thorne.

PER CURIAM:

Appellant, Earl Sherod, appeals from a sentencing order entered in district court on April 25, 2001. Mr. Sherod filed a notice of appeal in trial court on April 26, 2001, the day after his sentencing. However, on May 7, 2001, Sherod filed a motion for a new trial in district court, which has yet to be ruled upon. This court does not have jurisdiction to hear Mr. Sherod's appeal, while the motion for a new trial is pending in district court. See Utah Rules of Appellate Procedure 4(b).

The timely filing of the motion for a new trial pursuant to Rule 24 of the Utah Rules of Criminal Procedure, tolls the time for filing a notice of appeal. The time for filing an appeal would run upon entry of an order denying a new trial. See Utah R. App. P. 4(b). Furthermore, a notice of appeal filed prior to disposition of a timely motion for a new trial "shall have no effect," and a new notice of appeal must be filed within thirty days of entry of an order denying the motion for a new trial. Id.

The appeal is dismissed for lack of jurisdiction.
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 

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Russell W. Bench, Judge
 
 

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William A. Thorne, Jr., Judge