State of Utah v. Salcedo

IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,

v.

Manuel R. Salcedo,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030007-CA
 

F I L E D
(June 26, 2003)
 

2003 UT App 222

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Third District, Salt Lake Department

The Honorable Randall N. Skanchy

Attorneys: Manuel R. Salcedo, Gunnison, Appellant Pro Se

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

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Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

This case is before the court on a sua sponte motion for summary dismissal on the basis that the appeal is not taken from a final order or judgment.

An appeal can be taken only from a final order or judgment. See Utah R. App. P. 3(a). The record contains an unsigned minute entry that purports to strike Defendant's motion to withdraw his guilty plea. "An unsigned minute entry does not constitute a final order for purposes of appeal." State v. Crowley, 737 P.2d 198, 198 (Utah 1987) (per curiam).

We dismiss the appeal for lack of jurisdiction because it is not taken from a signed, final order or judgment. Our dismissal
is without prejudice to a timely appeal after a final, appealable order or judgment is entered by the district court.

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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