State v. Hildreth

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Grant Joel Hildreth, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080349-CA F I L E D (June 26, 2008) 2008 UT App 243 ----Fourth District, American Fork Department, 071101036 The Honorable David N. Mortensen Attorneys: Carolyn E. Howard, Orem, for Appellant Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee ----- Before Judges Bench, Davis, and McHugh. PER CURIAM: Grant Joel Hildreth appeals the district court's March 25, 2008 jury verdict. This matter is before the court on its own motion for summary disposition for lack of jurisdiction due to the absence of a final order. Generally, "[a]n appeal is improper if it is taken from an order or judgment that is not final." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. "[U]nder Utah law, a trial court must impose a sentence in order to create a final, appealable order." State v. Walker, 2002 UT App 290, ¶ 11, 55 P.3d 1165. Until a criminal defendant has been sentenced, there is no final, appealable order and this court lacks jurisdiction to consider his or her appeal. See id. ¶ 12. Hildreth concedes that he must be sentenced before this court has jurisdiction to consider his appeal. Accordingly, this appeal is dismissed without prejudice to the filing of a timely appeal from a final order. ______________________________ Russell W. Bench, Judge ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge 20080349-CA 2

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