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State v. Burrows

IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Timothy Karl Burrows, Defendant and Appellant. MEMORANDUM DECISION (Not For Official Publication) Case No. 20030379-CA F I L E D (December 4, 2003) 2003 UT App 423

----Fifth District, St. George Department The Honorable James L. Shumate Attorneys: Margaret Prim Lindsay, Provo, for Appellant Mark L. Shurtleff and Matthew D. Bates, Salt Lake City, for Appellee ----Before Judges Billings, Bench, and Orme. PER CURIAM: This appeal is before the court on its own motion for summary dismissal for lack of jurisdiction. Both parties support summary dismissal. If a timely motion is filed in the district court to withdraw a guilty plea, "the time for appeal for all parties shall run from the entry of the order . . . granting or denying the motion." Utah R. App. P. 4(b). "A notice of appeal filed before the disposition of [such] motion[] shall have no effect." Id. A new notice of appeal must be filed within thirty days after the date of entry of the order disposing of the motion. See id. Defendant filed a timely request to withdraw his guilty pleas in district court case numbers 021500371 and 021500372. Thereafter, Defendant filed a notice of appeal in both cases. However, there is no indication that the district court ruled on Defendant's request to withdraw his guilty pleas. Therefore, Defendant's notice of appeal had no effect and this court does not have jurisdiction to consider this appeal.

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State v. Burrows

Accordingly, this appeal is dismissed without prejudice to the filing of timely notices of appeal from orders disposing of Defendant's request to withdraw his guilty pleas. ______________________________ Judith M. Billings, Associate Presiding Judge ______________________________ Russell W. Bench, Judge ______________________________ Gregory K. Orme, Judge

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