Springville City v. Turner

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IN THE UTAH COURT OF APPEALS ----ooOoo---Springville City, Plaintiff and Appellee, v. Ward Kaae Turner, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20090202-CA F I L E D (April 23, 2009) 2009 UT App 106 ----Fourth District, Spanish Fork Department, 085304129 The Honorable Howard H. Maetani Attorneys: Ward Kaae Turner, Payson, Appellant Pro Se Paul F. DeWitt, Springville, for Appellee ----- Before Judges Greenwood, Davis, and McHugh. PER CURIAM: Ward Kaae Turner appeals his conviction for failure to yield, a class C misdemeanor. The case is before the court on a sua sponte motion for summary disposition based upon lack of jurisdiction. Utah Code section 78A-7-118(7) states that "the decision of the district court [in a case originating in a justice court] is final and may not be appealed unless the district court rules on the constitutionality of a statute or ordinance." Utah Code Ann. § 78A-7-118(7) (Supp. 2008). Accordingly, "absent an issue regarding the constitutionality of a statute or ordinance, the decision of the district court is final and this court has no jurisdiction to hear an appeal thereof." State v. Hinson, 966 P.2d 273, 277 (Utah Ct. App. 1998). Turner was originally found guilty in justice court for failure to yield. Turner then filed a request for a trial de novo with the district court. The district court conducted a trial de novo, and Turner was again found guilty. Turner alleges that there was insufficient evidence to support his conviction. Turner does not assert that any statute or ordinance is unconstitutional. Further, the record does not demonstrate that the district court ruled on any such issue. Therefore, because this case originated in a justice court and the district court did not rule on the constitutionality of a statute or ordinance, this court lacks jurisdiction to hear the appeal. See id. When a court lacks jurisdiction, it "retains only the authority to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). Accordingly, we dismiss the appeal. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge 20090202-CA 2

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