State of Utah v. Bosley

State v. Bosley

IN THE UTAH COURT OF APPEALS

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State of Utah,

Plaintiff and Appellee,

v.

Kevin A. Bosley,

Defendant and Appellant.

MEMORANDUM DECISION (Not For Official Publication)
 

Case No. 20030482-CA
 

F I L E D
(October 2, 2003)
 

2003 UT App 322

 

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First District, Box Elder Department
The Honorable Ben H. Hadfield

Attorneys: Kevin A. Bosley, Brigham City, Appellant Pro Se

Mark L. Shurtleff and J. Frederic Voros Jr., Salt Lake City, for Appellee

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Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

This case is before the court on its own motion for consideration of summary dismissal for lack of a final order. Both parties have responded to this court's motion. Appellant was sentenced, based on convictions on two criminal counts, on April 15, 2003. The court record contains an unsigned minute entry of the sentencing proceedings.

An "unsigned minute entry does not constitute a final order for purposes of appeal." State v. Jiminez, 938 P.2d 264, 265 (Utah 1997); State v. Crowley, 737 P.2d 198 (Utah 1987) (per curiam). Therefore, no final order exists from which to appeal and this court lacks jurisdiction to consider the appeal. See Utah R. App. P. 3(a). "When a matter is outside the court's jurisdiction, it retains only the authority to dismiss the [matter]." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989).

Accordingly, this appeal is dismissed without prejudice to filing of a timely notice of appeal from a final appealable order.

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Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge