State of Utah v. Levin

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Ralph Levin,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020774-CA

F I L E D
January 9, 2003 2003 UT App 5 -----

Fourth District, Provo Department
The Honorable Lynn W. Davis

Attorneys:
Jennifer K. Gowans, Provo, for Appellant
C. Kay Bryson and John J. Easton, Provo, for Appellee -----

Before Judges Davis, Greenwood, and Orme.

PER CURIAM:

Appellant Ralph Levin appeals his convictions of illegal possession of a controlled substance, a class A misdemeanor, and use or possession of drug paraphernalia, a class B misdemeanor. This case is before the court on a sua sponte motion for summary disposition. Neither party has responded.

The final appealable judgment in a criminal case is the sentence. See State v. Gerrard, 584 P.2d 885, 886 (Utah 1978). The district court entered the judgment, sentence, and commitment on August 12, 2002. The time for appeal expired on September 11, 2002. See Utah R. App. P. 4(a) (stating notice of appeal shall be filed with trial court clerk "within thirty days after the date of entry of the judgment or order appealed from"). Levin filed his notice of appeal on September 13, 2002, more than thirty days after the entry of the final appealable judgment. The notice of appeal did not confer jurisdiction on this court.

Accordingly, we grant the sua sponte motion and dismiss the appeal for lack of jurisdiction.
 
 

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James Z. Davis, Judge
 
 

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Pamela T. Greenwood, Judge
 
 

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Gregory K. Orme, Judge