State v. Davis
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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Paris L. Davis, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080008-CA F I L E D (March 13, 2008) 2008 UT App 83 ----Third District, Salt Lake Department, 071908051 The Honorable Paul G. Maughan Attorneys: Jessica A. Jacobs, Salt Lake City, for Appellant Anita E. Dickinson, Salt Lake City, for Appellee ----- Before Judges Thorne, Bench, and Billings. PER CURIAM: Paris L. Davis appeals his conviction after a guilty plea. This matter is before the court on its own motion for summary disposition based on lack of jurisdiction. Although Davis challenges his guilty plea on the grounds that it was not voluntarily made, this court cannot review his claim because he did not comply with section 77-13-6(2)(b) of the Utah Code. See Utah Code Ann. § 77-13-6(2)(b) (2007). In order to challenge a guilty plea, a defendant must move to withdraw his guilty plea before his sentence is announced. See id. If a defendant fails to move to withdraw his guilty plea before his sentence is announced, this court lacks jurisdiction to consider the appeal. See State v. Tenorio, 2007 UT App 92, ¶ 7, 156 P.3d 854. Davis concedes that he did not move to withdraw his guilty plea in a timely manner. Thus, this court lacks jurisdiction to consider his appeal. Accordingly, Davis's appeal is dismissed. ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Russell W. Bench, Judge ______________________________ Judith M. Billings, Judge
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