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STATE of Utah, Plaintiff and Appellee, v. Roger Fuller COLLINS, Defendant and Appellant

Utah Court of Appeals2011-04-14No. No. 20100946-CA
253 P.3d 11122011 UT App 119

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Opinion

majority opinion

DECISION

PER CURIAM:

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.

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, 5 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.

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.

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