State v. Collins

2011 UT App 119, 253 P.3d 1112, 680 Utah Adv. Rep. 33, 2011 Utah App. LEXIS 118, 2011 WL 1420878

Opinion

DECISION

PER CURIAM:

T1 Roger Fuller Collins filed a notice of appeal in November 2010. This is before the court on its own motion for summary disposition based on the lack of jurisdiction due to the absence of a final order.

12 Generally, appeals may be taken only from final orders. See Utah R.App. P. 3; Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. If the order appealed is not final, this court lacks jurisdiction and must dismiss the appeal. See Bradbury, 2000 UT 50, ¶ 8, 5 P.3d 649. In a criminal case, the sentence constitutes the final order. See State v. Bowers, 2002 UT 100, ¶ 4, 57 P.3d 1065.

T3 Oddly enough, given how long ago he pleaded guilty, Collins has not been sentenced in the underlying case. As a result, there is no final order from which to appeal, see id., and this court lacks jurisdiction. See Bradbury, 2000 UT 50, ¶ 8, 5 P.3d 649.

§4 Accordingly, this appeal is dismissed without prejudice to the filing of a timely notice of appeal after the entry of a final order.