State v. Clendenin

Court of Appeals of Utah

State v. Clendenin

2012 UT App 64, 273 P.3d 430, 703 Utah Adv. Rep. 10, 2012 WL 653647, 2012 Utah App. LEXIS 63

CourtCourt of Appeals of Utah

DecidedMarch 1, 2012

Docket20111100-CA

StatusPublished

This text of 2012 UT App 64 (State v. Clendenin) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Clendenin, 2012 UT App 64, 273 P.3d 430, 703 Utah Adv. Rep. 10, 2012 WL 653647, 2012 Utah App. LEXIS 63 (Utah Ct. App. 2012).

Pincite

Opinion

DECISION

PER CURIAM:

11 Gregory Floyd Clendenin seeks to appeal his conviction of possession of a weapon in a correctional facility,. This matter is before the court on its own motion for summary disposition on the basis that this court lacks jurisdiction because there is no final, appeal-able order.

1 2 This court does not have jurisdiction to consider an appeal unless it is taken from a final judgment or order or qualifies for an exception to the final judgment rule. See Loffredo v. Holt, 2001 UT 97, ¶¶ 10, 15, 37 P.3d 1070. An order is final only if it disposes of the case as to all parties and "finally dispose[s] of the subject-matter of the litigation on the merits of the case." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649 (citation and internal quotation marks omitted). "In a criminal case, it is 'the sentence itself which constitutes a final judgment from which the appellant has the right to appeal.' " State v. Bowers, 2002 UT 100, ¶ 4, 57 P.3d 1065 (quoting State v. Gerrard, 584 P.2d 885, 886 (Utah 1978)).

13 Clendenin was convicted by a jury of possession of a weapon in a correctional facility on November 16, 2011. However, Clendenin has not yet been sentenced. Accordingly, there is no final, appealable order, and we lack jurisdiction over the appeal. See id. When this court lacks jurisdiction, it must dismiss the appeal. See Loffredo, 2001 UT 97, ¶ 11, 37 P.3d 1070.

T 4 The appeal is dismissed without prejudice to the filing of a timely appeal after the district court enters a final, appealable order.

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DECISION

PER CURIAM:

11 Gregory Floyd Clendenin seeks to appeal his conviction of possession of a weapon in a correctional facility,. This matter is before the court on its own motion for summary disposition on the basis that this court lacks jurisdiction because there is no final, appeal-able order.

1 2 This court does not have jurisdiction to consider an appeal unless it is taken from a final judgment or order or qualifies for an exception to the final judgment rule. See Loffredo v. Holt, 2001 UT 97, ¶¶ 10, 15, 37 P.3d 1070. An order is final only if it disposes of the case as to all parties and "finally dispose[s] of the subject-matter of the litigation on the merits of the case." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649 (citation and internal quotation marks omitted). "In a criminal case, it is 'the sentence itself which constitutes a final judgment from which the appellant has the right to appeal.' " State v. Bowers, 2002 UT 100, ¶ 4, 57 P.3d 1065 (quoting State v. Gerrard, 584 P.2d 885, 886 (Utah 1978)).

13 Clendenin was convicted by a jury of possession of a weapon in a correctional facility on November 16, 2011. However, Clendenin has not yet been sentenced. Accordingly, there is no final, appealable order, and we lack jurisdiction over the appeal. See id. When this court lacks jurisdiction, it must dismiss the appeal. See Loffredo, 2001 UT 97, ¶ 11, 37 P.3d 1070.

T 4 The appeal is dismissed without prejudice to the filing of a timely appeal after the district court enters a final, appealable order.

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Bluebook (online)

2012 UT App 64, 273 P.3d 430, 703 Utah Adv. Rep. 10, 2012 WL 653647, 2012 Utah App. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clendenin-utahctapp-2012.

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