State of Utah v. Brown

IN THE UTAH COURT OF APPEALS

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State of Utah,

Plaintiff and Appellee,

v.

Chey Brown,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030627-CA
 

F I L E D
(November 14, 2003)
 

2003 UT App 395

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First District, Brigham City Department

The Honorable Ben H. Hadfield

Attorneys: Chey Brown, Draper, Appellant Pro Se

Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee

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Before Judges Jackson, Bench, and Orme.

PER CURIAM:

Defendant Chey Brown appeals from the denial of his "request for transcripts and records, affidavit of impecuniosity." This case is before the court on its own motion for summary dismissal for lack of jurisdiction.

An appeal may be taken from a final order or judgment entered by the district court. See Utah R. App. P. 3(a). An appeal "shall be filed . . . within 30 days after the date of entry of the judgment or order appealed from." Utah R. App. P. 4(a). Defendant filed his notice of appeal on July 31, 2003. In his docketing statement, Defendant indicates the district court entered an order on August 5, 2003. However, the record does not contain any ruling on Defendant's "Motion for Transcripts" or "Affidavit of Impecuni[osity]." Therefore, Defendant's appeal is not taken from a final order.(1) "[W]ithout a final order on the record, [this] court has no jurisdiction to hear an appeal." State v. Norris, 2002 UT App 305,¶7, 57 P.2d 238.

Moreover, on December 27, 2001, Defendant pleaded guilty to four charges, and on February 27, 2002, Defendant was sentenced. Defendant did not timely move to withdraw his guilty plea, and this court does not have jurisdiction to review a conviction based upon a guilty plea unless a defendant timely moves to withdraw the plea. See State v. Reyes, 2002 UT 13,¶3, 40 P.3d 630. Further, Defendant did not file a direct appeal within thirty days after the entry of his sentence, and the thirty day period for filing an appeal is also jurisdictional. See State v. Montoya, 825 P.2d 676, 678 (Utah Ct. App. 1991).

"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, Defendant's appeal is dismissed.

______________________________

Norman H. Jackson,

Presiding Judge

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Russell W. Bench, Judge

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Gregory K. Orme, Judge

1. Defendant sought to appeal a similar purported ruling in another case. As we noted in that case, even if the district court ruled on Defendant's request, that ruling would not likely be final and appealable. See State v. Brown, 2003 UT App 363.