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LINDON CITY, Plaintiff and Appellee, v. Raymond STEWART, Defendant and Appellant

Utah Court of Appeals2011-03-10No. No. 20110036-CA
249 P.3d 5962011 UT App 63

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Opinion

majority opinion

DECISION

PER CURIAM:

T1 Raymond Stewart seeks to appeal his conviction for speeding after a trial de novo in district court. This is before the court on Lindon Citys motion to dismiss for lack of jurisdiction.

T2 Utah Code section 78A-7-118 provides for criminal appeals from justice courts. See Utah Code Ann. § 78A~-7-118 (2008). If a defendant files a timely notice of appeal from a justice court conviction, a defendant is entitled to a trial de novo in the district court. Id. § The right to an appeal from a court not of record is satisfied by provision for a trial de novo in a court of record. Dean v. Henriod, 1999 UT App 50, ¶ 9, 975 P.2d 946. The decision of the district court is final and may not be appealed unless the district court rules on the constitutionality of a statute or ordinance. Utah Code Ann. § 78A-7-118(7).

13 This case originated in justice court. The district court did not rule on the constitutionality of a statute or ordinance in convicting Stewart after a trial de novo. Accordingly, the district courts decision is final and this court lacks jurisdiction over this appeal.

[ 4 Dismissed.