State v. Cunningham

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Daniel Allen Cunningham, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication Case No. 20050799-CA F I L E D (June 8, 2006) 2006 UT App 234 ----Fourth District, Fillmore Department, 051700040 The Honorable Donald J. Eyre Attorneys: Milton T. Harmon, Nephi, for Appellant Mark L. Shurtleff and Christine F. Soltis, Salt Lake City, for Appellee ----- Before Judges Billings, Davis, and Thorne. PER CURIAM: Daniel Allen Cunningham appeals the district court's order denying his motion to withdraw his guilty plea. This case is before the court on the State's motion for summary dismissal for lack of jurisdiction due to the absence of a final, appealable order or judgment. See Utah R. App. P. 3(a). This court does not have jurisdiction to consider an appeal unless it is taken from a final judgment or order, see id., or qualifies for an exception to the final judgment rule. See Loffredo v. Holt, 2001 UT 97,¶¶10, 15, 37 P.3d 1070. Here, the order denying Cunningham's motion is an unsigned minute entry. It is well settled that an unsigned minute entry is not a final order for purposes of appeal. See Ron Shepard Ins. v. Shields, 882 P.2d 650, 653 (Utah 1994). Because the order appealed from is not final, this court lacks jurisdiction to hear this appeal. When this court lacks jurisdiction it must dismiss the appeal. See Loffredo, 2001 UT 97 at ¶11. Accordingly, this appeal is dismissed, without prejudice, to the filing of a timely notice of appeal after the entry of a final order or judgment. ______________________________ Judith M. Billings, Judge ______________________________ James Z. Davis, Judge ______________________________ William A. Thorne Jr., Judge 20050799-CA 2

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