State v. Thompson

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Roland Thompson, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070887-CA F I L E D (March 13, 2008) 2008 UT App 78 ----Fourth District, Provo Department, 051400870 The Honorable James R. Taylor Attorneys: Margaret Prim Lindsay, Orem, for Appellant Mark L. Shurtleff and Kris C. Leonard, Salt Lake City, for Appellee ----- Before Judges Greenwood, Thorne, and Billings. PER CURIAM: Roland Thompson seeks to appeal from his sentence after pleading guilty to forgery. This is before the court on its own motion for summary disposition based on lack of jurisdiction due to an untimely notice of appeal. Pursuant to rule 4 of the Utah Rules of Appellate Procedure, a notice of appeal must be filed within thirty days after the "entry of the judgment or order appealed from." Utah R. App. P. 4(a). In a criminal case, it is the sentence that is the final order. See State v. Bowers, 2002 UT 100, ¶ 4, 57 P.3d 1065. The thirty-day period for filing a notice of appeal is jurisdictional. See id. ¶ 5. Thompson's sentence was entered on September 20, 2007. He filed his notice of appeal on October 23, 2007, thirty-one days after the entry of judgment. Accordingly, his notice of appeal was untimely. As a result, this court lacks jurisdiction over his appeal and must dismiss it. See id. Dismissed. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Judith M. Billings, Judge 20070887-CA 2

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