Tucker v. State
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IN THE UTAH COURT OF APPEALS ----ooOoo---Jeff Tucker, Petitioner and Appellant, v. State of Utah, Respondent and Appellee. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080748-CA F I L E D (July 16, 2009) 2009 UT App 190 ----Third District, Salt Lake Department, 070914853 The Honorable Robert K. Hilder Attorneys: Jeff Tucker, Farmington, Appellant Pro Se Mark L. Shurtleff and Nancy L. Kemp, Salt Lake City, for Appellee ----- Before Judges Bench, Orme, and McHugh. PER CURIAM: Jeff Tucker asserts that the district court erred in dismissing his petition for extraordinary writ. This matter is before the court on the State's motion to dismiss Tucker's appeal as moot. On appeal, Tucker asserts that this court should immediately order his release from state prison because the district court allegedly erred in concluding that his state sentence was lawfully tolled while he served a federal sentence. Since filing this appeal, Tucker's state sentence has expired and he has been released from state prison. An appeal is considered moot when the requested judicial relief cannot affect the rights of the litigants. See State v. Vicente, 2004 UT 6, ΒΆ 3, 84 P.3d 1191. This court will not generally consider mooted issues on appeal. See id. Because Tucker's requested judicial relief is that he be immediately released from state prison, a decision by this court would be completely inconsequential and his case is moot. Furthermore, Tucker has not demonstrated that there are any collateral consequences requiring this court to consider the merits of his appeal. Therefore, we decline to address the issues raised by Tucker in his appeal. Accordingly, we dismiss the appeal as moot. ______________________________ Russell W. Bench, Judge ______________________________ Gregory K. Orme, Judge ______________________________ Carolyn B. McHugh, Judge 20080748-CA 2
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