LINDON CITY v. Stewart

2011 UT App 63, 249 P.3d 596, 677 Utah Adv. Rep. 41, 2011 Utah App. LEXIS 66, 2011 WL 817390

Opinion

249 P.3d 596 (2011) 2011 UT App 63

LINDON CITY, Plaintiff and Appellee,
v.
Raymond STEWART, Defendant and Appellant.

No. 20110036-CA.

Court of Appeals of Utah.

March 10, 2011.

Raymond Stewart, Draper, Appellant Pro Se.

Brian K. Haws, Pleasant Grove, for Appellee.

Before Judges McHUGH, THORNE, and CHRISTIANSEN.

DECISION

PER CURIAM:

¶ 1 Raymond Stewart seeks to appeal his conviction for speeding after a trial de novo in district court. This is before the court on Lindon City's motion to dismiss for lack of jurisdiction.

¶ 2 Utah Code section 78A-7-118 provides for criminal appeals from justice courts. See Utah Code Ann. § 78A-7-118 (2008). If a defendant files a timely notice of appeal from a justice court conviction, "a defendant is entitled to a trial de novo in the district court." Id. § 78A-7-118(1). "The right to an `appeal' from a court not of record is satisfied by provision for a trial de novo in a court of record." Dean v. Henriod, 1999 UT App 50, ¶ 9, 975 P.2d 946. "The decision of the district 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).

¶ 3 This case originated in justice court. The district court did not rule on the constitutionality of a statute or ordinance in convicting Stewart after a trial de novo. Accordingly, the district court's decision is final and this court lacks jurisdiction over this appeal.

¶ 4 Dismissed.