State of Utah, v. Manning

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State of Utah,
Plaintiff and Appellee,

v.

Carolyn Roberts Manning,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010911-CA

F I L E D
April 11, 2002
2002 UT App 114
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Third District, Salt Lake Department
The Honorable Judith S. Atherton

Attorneys:
Joan C. Watt, Salt Lake City, for Appellant
Mark L. Shurtleff and Brett J. DelPorto, Salt Lake City, for Appellee

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Before Judges Bench, Orme, and Thorne.

PER CURIAM:

This case is before the court on its own motion for summary disposition for lack of jurisdiction due to an untimely notice of appeal. Appellant pleaded guilty to unlawful dealing by a fiduciary and theft, both second degree felonies. She was sentenced on September 27, 2001, and the judgment was entered the same day. Appellant filed a pro se notice of appeal on November 23, 2001, beyond the statutory thirty-day deadline for filing a notice of appeal. See Utah R. App. P. 4(a).

Because the notice of appeal was filed untimely, this court is deprived of jurisdiction. When a matter is outside the court's jurisdiction, it retains only the authority to dismiss the action. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616; State v. Palmer, 777 P.2d 521, 522 (Utah Ct. App. 1989); Varian-Eimac v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). This court does not have the authority to, along with a dismissal, remand with instructions to resentence Appellant nunc pro tunc, as Appellant requests. Appellant's remedy, if she has been deprived of a constitutional right of appeal, is to seek post-conviction relief under Rule 65B of the Utah Rules of Civil Procedure. See State v. Johnson, 635 P.2d 36, 38 (Utah 1981).

For the reasons stated above, this appeal is dismissed for lack of jurisdiction.
 
 

______________________________
Russell W. Bench, Judge
 
 

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Gregory K. Orme, Judge
 
 

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William A. Thorne Jr., Judge