State v. Grimmett

IN THE UTAH COURT OF APPEALS
 

----ooOoo----

State of Utah,

Plaintiff and Appellee,

v.

Adolph Ellington Grimmett,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030973-CA
 

F I L E D
(July 9, 2004)
 

2004 UT App 235

-----

Third District, Salt Lake Department

The Honorable Dennis M. Fuchs

Attorneys: Elizabeth Hunt, Salt Lake City, for Appellant

Mark L. Shurtleff and Matthew D. Bates, Salt Lake City, for Appellee

-----

Before Judges Bench, Greenwood, and Orme.

PER CURIAM:

This case is before the court on the State's motion for summary dismissal on the basis that this court lacks jurisdiction because the notice of appeal was untimely filed. See Utah R. App. 10 and Utah R. App. P. 4(a). Appellant pleaded guilty to the offenses of attempted aggravated robbery, attempted theft, and assault. Sentence was imposed on March 31, 2003. The Sentence, Judgment, and Commitment, however, were not filed until April 2, 2003. Appellant filed what was construed by the trial court to be a notice of appeal on November 24, 2003,(1) well beyond the thirty day deadline for filing a notice of appeal. See Utah R. App. P. 4(a).

As a result of the untimely notice of appeal, this court lacks jurisdiction and must dismiss the appeal. See State v. Bowers, 2002 UT 11,¶5, 57 P.3d 1065. Accordingly, the appeal is dismissed.

______________________________

Russell W. Bench,

Associate Presiding Judge

______________________________

Pamela T. Greenwood, Judge

______________________________

Gregory K. Orme, Judge

1. The State contends that the notice of appeal was filed on June 20, 2003. A letter to the trial court from Appellant was filed on that date but the trial court did not construe that letter as a notice of appeal. Regardless, the notice of appeal is untimely from either date.