State v. Daniels
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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Charly Bo Daniels, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20060669-CA F I L E D (October 13, 2006) 2006 UT App 424 ----Second District, Ogden Department, 061902059 The Honorable Parley R. Baldwin Attorneys: Kent E. Snider, Ogden, for Appellant Mark L. Shurtleff and Kris C. Leonard, Salt Lake City, for Appellee ----- Before Judges Billings, McHugh, and Orme. PER CURIAM: Charly Bo Daniels appeals his conviction and sentence. case is before the court on a sua sponte motion for summary disposition for lack of jurisdiction. This Daniels filed his notice of appeal in this matter on July 10, 2006. He had not been convicted or sentenced at that time. On July 27, Daniels ultimately pleaded guilty to burglary, a third degree felony. See Utah Code Ann. § 76-6-202 (2003). No sentence was imposed at that time. Instead, sentencing was calendared for a subsequent date, and it was later rescheduled for October 5. Generally, an appeal may be taken only from a final judgment. See Utah R. App. P. 3(a). "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 (quoting State v. Gerrard, 584 P.2d 885, 886 (Utah 1978)); see also State v. Walker, 2002 UT App 290,¶11, 55 P.3d 1165 (holding that "under Utah law a trial court must impose a sentence in order to create a final, appealable order"). Because Daniels had not been sentenced at the time he filed his notice of appeal, there was no final appealable order in place. In the absence of a final order, this court lacks jurisdiction and must dismiss the appeal. See Loffredo v. Holt, 2001 UT 97,¶11, 37 P.3d 1070. This appeal is dismissed, without prejudice to the filing of a timely appeal after a final judgment has been entered. ______________________________ Judith M. Billings, Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge 20060669-CA 2
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