West Bountiful City v. Strand

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IN THE UTAH COURT OF APPEALS ----ooOoo---West Bountiful City, Plaintiff and Appellee, v. Michael William Strand, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20090491-CA F I L E D (February 19, 2010) 2010 UT App 41 ----Second District, Farmington Department, 081701415 The Honorable Thomas L. Kay Attorneys: Michael William Strand, Centerville, Appellant Pro Se D. Michael Nielsen, Bountiful, for Appellee ----- Before Judges Davis, McHugh, and Bench.1 PER CURIAM: Michael William Strand appeals his convictions of two class B misdemeanors. This 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) (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). The record indicates that Strand pleaded guilty to class B misdemeanors in the justice court. Strand then requested a trial de novo in the district court. The district court conducted a trial de novo, and Strand was found guilty of "simple assault" and "threat against life/property," both class B misdemeanors. 1 The Honorable Russell W. Bench, Senior Judge, sat by special assignment pursuant to Utah Code section 78A-3-102 (2008) and rule 11-201(6) of the Utah Rules of Judicial Administration. The record does not indicate that the district court "ruled on the constitutionality of a statute or ordinance." Therefore, because this case originally arose in 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. ______________________________ James Z. Davis, Presiding Judge ______________________________ Carolyn B. McHugh, Associate Presiding Judge ______________________________ Russell W. Bench, Senior Judge 20090491-CA 2

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