Quintana v. Friel, Warden

----ooOoo----

Dave Quintana,
Petitioner and Appellant,

v.

Clint Friel, Warden,
Utah State Prison,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010664-CA

F I L E D
March 7, 2002 2002 UT App 68 -----

Second District, Ogden Department
The Honorable Ernie W. Jones

Attorneys:
Dave Quintana, Draper, Appellant Pro Se -----

Before Judges Billings, Orme, and Thorne.

PER CURIAM:

Appellant Dave Quintana appeals a decision denying his petition for post-conviction relief. This case is before the court on a sua sponte motion for summary dismissal.

The district court entered its memorandum decision on July 9, 2001. Quintana filed a notice of appeal in district court on August 13, 2001, more than thirty days after entry of the decision. A notice of appeal must be filed in the trial court within thirty days after entry of the decision being appealed. See Utah R. App. P. 4(a). Quintana provides no proof that the notice of appeal was placed in the prison mail system within the appeal period; therefore, there is no basis for application of Rule 4(f) of the Utah Rules of Appellate Procedure. "If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal." Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616.

We dismiss the appeal for lack of jurisdiction.
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 

______________________________
Gregory K. Orme, Judge
 

______________________________
William A. Thorne Jr., Judge