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State v. Karadza

Court of Appeals of Idaho
Oct 1, 2021
No. 48178 (Idaho Ct. App. Oct. 1, 2021)

Opinion

48178 48179

10-01-2021

STATE OF IDAHO, Plaintiff-Respondent, v. MIGDAD KARADZA, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Andrew V. Wake, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Peter G. Barton, District Judge.

Appeal dismissed.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Andrew V. Wake, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Judge; LORELLO, Judge; and BRAILSFORD, Judge

PER CURIAM

In these consolidated cases, Migdad Karadza appeals from his judgment of conviction for grand theft (Docket No. 48178) and the district court's order revoking his probation and executing the underlying sentence (Docket No. 48179) which were entered by the district court on June 4, 2020. Karadza asserts that the district court abused its discretion by imposing an excessive sentence and by revoking his probation. In both of these cases, Karadza filed notices of appeal on July 20, 2020, forty-six days after the entry of the judgment and order to which this appeal relates. To be timely, the notice of appeal must be filed within forty-two days of the filing of the judgment or order appealed from. Idaho Appellate Rule 14. Karadza has not asserted any basis for extending the time for filing of the notices of appeal. "The filing of a timely notice of appeal is jurisdictional." State v. Thomas, 146 Idaho 592, 594, 199 P.3d 769, 771 (2008). "An appellant's failure to file a timely notice of appeal deprives the appellate court of jurisdiction and requires dismissal of the appeal." State v. Schultz, 147 Idaho 675, 677, 214 P.3d 661, 663 (Ct. App. 2009).

Karadza has failed to timely file notices of appeal in these consolidated cases. Therefore, this consolidated appeal is hereby dismissed.


Summaries of

State v. Karadza

Court of Appeals of Idaho
Oct 1, 2021
No. 48178 (Idaho Ct. App. Oct. 1, 2021)
Case details for

State v. Karadza

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. MIGDAD KARADZA…

Court:Court of Appeals of Idaho

Date published: Oct 1, 2021

Citations

No. 48178 (Idaho Ct. App. Oct. 1, 2021)