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2011 UT App 119

State v. Collins

Court of Appeals of Utah

Decided April 14, 2011

Court of Appeals of Utah · decided 2011-04-14

Relies on Bradbury v. Valencia · State v. Bowers

Decided 2011-04-14

¶1 DECISION

PER CURIAM:

¶2 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.

¶3 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, *11135 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.

¶4 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.

¶5 §4 Accordingly, this appeal is dismissed without prejudice to the filing of a timely notice of appeal after the entry of a final order.

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