Opinion
Case No. 20010938-CA.
Filed February 14, 2002. (Not For Official Publication)
Appeal from the Second District, Layton Department, The Honorable Darwin C. Hansen.
Carlos Cordero, Layton, Appellant Pro Se.
Gary R. Crane, Layton, for Appellee.
Before Judges Billings, Davis, and Thorne.
MEMORANDUM DECISION
This matter is before the court on a sua sponte motion for summary disposition pursuant to Rule 10(a) of the Utah Rules of Appellate Procedure.
After a bench trial on October 10, 2001, the trial court found defendant guilty of driving on a suspended license, a class C misdemeanor. Defendant chose not to be sentenced at that time and sentencing was set for October 29, 2001. Defendant failed to appear for sentencing and the trial court issued a bench warrant. The trial court did not sentence defendant in absentia. After being picked up on the bench warrant, defendant filed a notice of appeal. However, to date, defendant has not been sentenced on the class C misdemeanor conviction. "Because defendant has not been sentenced, the appeal was not taken from a final order, and this court lacks jurisdiction to consider the appeal."State v. Hunsaker, 933 P.2d 415, 416 (Utah Ct.App. 1997) (per curiam);see also State v. Gerrard, 584 P.2d 885, 886 (Utah 1978) (stating the sentence is the final judgment in criminal cases).
Accordingly, without a sentence, there is no final appealable order and we must dismiss this appeal for lack of jurisdiction. See Utah R. App. P. 3(a) ("An appeal may be taken from . . . final orders and judgments.").
James Z. Davis, Judge, William A. Thorne, Jr., Judges concur.