State v. Mackin

IN THE UTAH COURT OF APPEALS
 

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State of Utah,

Plaintiff and Appellee,

v.

Matthew Mackin,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030889-CA
 

F I L E D
(February 10, 2005)
 

2005 UT App 56

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Third District, West Valley Department

The Honorable Stephen L. Roth

Attorneys: Margaret P. Lindsay and Patrick V. Lindsay, Orem, for Appellant

Cara M. Tangaro, Salt Lake City, for Appellee

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Before Judges Billings, Greenwood, and Thorne.

PER CURIAM:

    This case is before the court on Matthew Mackin's motion for summary disposition. Mackin appealed from an order of commitment entered on September 11, 2003. Mackin did not file his notice of appeal until November 3, 2003.

    An appeal must be filed within thirty days from the entry of a final judgment or order. See Utah R. App. P. 4. In a criminal case, it is "the sentence itself which constitutes a final judgment from which the appellant has the right to appeal." State v. Bower, 2002 UT 100,¶4, 57 P.3d 1065. The "30-day period for filing a notice of appeal in a criminal case . . . is jurisdictional and cannot be enlarged by this [c]ourt." State v. Johnson, 635 P.2d 36, 37 (Utah 1981).

    Mackin's notice of appeal was not timely filed. "[F]ailure to timely perfect an appeal is a jurisdictional failure requiring
dismissal of the appeal." Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616.

    Accordingly, we dismiss the appeal.

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Judith M. Billings,

Presiding Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge