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State v. Hunsaker

Utah Court of Appeals
Feb 21, 1997
933 P.2d 415 (Utah Ct. App. 1997)

Summary

holding a plea in abeyance is not a final order in part because the defendant had not been sentenced

Summary of this case from State v. Walker

Opinion

No. 960234-CA.

February 21, 1997.

Appeal from the District Court, Brigham City Department, Ben H. Hadfield, J.

Michael D. Bouwhuis, Ogden, for Appellant.

Jan Graham, Attorney General, and Kris C. Leonard, Assistant Attorney General, Criminal Appeals Division, Salt Lake City, for Appellee.

Before DAVIS, P.J., WILKINS, Associate P.J., and GREENWOOD, J.


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-1(1) (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-1 "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.


Summaries of

State v. Hunsaker

Utah Court of Appeals
Feb 21, 1997
933 P.2d 415 (Utah Ct. App. 1997)

holding a plea in abeyance is not a final order in part because the defendant had not been sentenced

Summary of this case from State v. Walker

recognizing that an appeal taken from an order on a plea and abeyance agreement does not constitute an appeal from a final order

Summary of this case from State v. Turnbow

dismissing an appeal from a trial court's order regarding a plea in abeyance agreement for lack of jurisdiction for not being a final judgment

Summary of this case from State v. Mooers

noting that "[i]n criminal cases, the sentence itself is the final judgment from which an appeal can be taken"

Summary of this case from State v. Cobos
Case details for

State v. Hunsaker

Case Details

Full title:STATE of Utah, Plaintiff and Appellee, v. Vao Boyd HUNSAKER, Defendant and…

Court:Utah Court of Appeals

Date published: Feb 21, 1997

Citations

933 P.2d 415 (Utah Ct. App. 1997)

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