State v. Hunsaker

Court of Appeals of Utah

State v. Hunsaker

933 P.2d 415, 311 Utah Adv. Rep. 18, 1997 Utah App. LEXIS 15, 1997 WL 71605

CourtCourt of Appeals of Utah

DecidedFebruary 21, 1997

Docket960234-CA

StatusPublished

Cited by5 cases

This text of 933 P.2d 415 (State v. Hunsaker) 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. Hunsaker, 933 P.2d 415, 311 Utah Adv. Rep. 18, 1997 Utah App. LEXIS 15, 1997 WL 71605 (Utah Ct. App. 1997).

Pincite

Opinion

PER CURIAM:

Defendant appeals the trial court’s judgment and order on his plea in abeyance agreement. We dismiss the appeal for lack of jurisdiction.

A plea in abeyance is defined as an order by a court, upon motion of the prosecution and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against him nor imposing sentence upon him on condition that he comply with specific conditions as set forth in a plea in abeyance agreement.

Utah Code Ann. § 77-2a~l(l) (1995) (emphasis added). In criminal cases, the sentence itself is the final judgment from which an appeal can be taken. State v. Gerrard, 584 P.2d 885, 886 (Utah 1978). Because defendant has not been sentenced, the appeal was not taken, from a final order, and this court lacks jurisdiction to consider the appeal. Further, this court recently stated that the plain language of section 77-2a-l “reveals that a plea in abeyance is not a final adjudication.” State v. Moss, 921 P.2d 1021, 1025 n. 7 (Utah.Ct.App.1996).

Appeal dismissed.

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PER CURIAM:

Defendant appeals the trial court’s judgment and order on his plea in abeyance agreement. We dismiss the appeal for lack of jurisdiction.

A plea in abeyance is defined as an order by a court, upon motion of the prosecution and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against him nor imposing sentence upon him on condition that he comply with specific conditions as set forth in a plea in abeyance agreement.

Utah Code Ann. § 77-2a~l(l) (1995) (emphasis added). In criminal cases, the sentence itself is the final judgment from which an appeal can be taken. State v. Gerrard, 584 P.2d 885, 886 (Utah 1978). Because defendant has not been sentenced, the appeal was not taken, from a final order, and this court lacks jurisdiction to consider the appeal. Further, this court recently stated that the plain language of section 77-2a-l “reveals that a plea in abeyance is not a final adjudication.” State v. Moss, 921 P.2d 1021, 1025 n. 7 (Utah.Ct.App.1996).

Appeal dismissed.

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Bluebook (online)

933 P.2d 415, 311 Utah Adv. Rep. 18, 1997 Utah App. LEXIS 15, 1997 WL 71605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hunsaker-utahctapp-1997.

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