State
v.
Huynh

Utah Court of AppealsOct 17, 2003
2003 UT App. 337 (Utah Ct. App. 2003)

Case No. 20030585-CA.

Filed October 17, 2003. (Not For Official Publication)

Appeal from the Fourth District, Provo Department, The Honorable Guy R. Burningham.

Shelly Huynh, Spanish Fork, Appellant Pro Se.

Before Judges Jackson, Greenwood, and Orme.


Appellant Shelly Huynh seeks to appeal her conviction, based upon a guilty plea, of attempted forgery, a class A misdemeanor. This case is before the court on a sua sponte motion to dismiss the appeal for lack of jurisdiction. Neither party filed a response to the sua sponte motion.

The district court entered its judgment and sentence on July 25, 2001, and an amended sentence on August 29, 2001. Appellant filed a notice of appeal on July 14, 2003, well beyond the thirty-day time limit for initiating an appeal under rule 4(a) of the Utah Rules of Appellate Procedure. "If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal." Serrato v. Utah Transit Auth., 2000 UT App 299, ¶ 7, 13 P.3d 616.

Once a court has concluded that it lacks jurisdiction, it "retains only the jurisdiction to dismiss the action." Varian — Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App. 1998). Accordingly, we dismiss the appeal for lack of jurisdiction.

Norman H. Jackson, Presiding Judge, Pamela T. Greenwood, Judge, and Gregory K. Orme, Judge.