State of Utah v. Sherod

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State of Utah v. Sherod, Case No. 20010391-CA, Filed September 13, 2001 IN THE UTAH COURT OF APPEALS


State of Utah,
Plaintiff and Appellee,


Earl Sherod,
Defendant and Appellant.

(Not For Official Publication)

Case No. 20010391-CA

September 13, 2001 2001 UT App 269 -----

Fourth District, Provo Department
The Honorable Lynn W. Davis

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


Before Judges Jackson, Bench, and Thorne.


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

Russell W. Bench, Judge

William A. Thorne, Jr., Judge