State v. Hunsaker
| Citation | 933 P.2d 415 |
| Decision Date | 21 February 1997 |
| Docket Number | No. 960234-CA,960234-CA |
| Parties | 311 Utah Adv. Rep. 18 STATE of Utah, Plaintiff and Appellee, v. Vao Boyd HUNSAKER, Defendant and Appellant. |
| Court | Court of Appeals of Utah |
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.
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State v. Comer
...there has been no final judgment, a direct appeal cannot be taken from a plea in abeyance agreement. See State v. Hunsaker, 933 P.2d 415, 416 (Utah Ct.App.1997) (per curiam); State v. Moss, 921 P.2d 1021, 1025 n. 7 (Utah Ct.App.1996). "In criminal cases, the sentence itself is the final jud......
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State v. Mooers
...a conviction, to that crime" for the purpose of making an individual ineligible for unemployment benefits); State v. Hunsaker, 933 P.2d 415, 416 (Utah Ct.App.1997) (per curiam) (dismissing an appeal from a trial court's order regarding a plea in abeyance agreement for lack of jurisdiction f......
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State v. Walker
...Thus, prior statements made from the bench are not the judgment of the case and, therefore, are not appealable."); State v. Hunsaker, 933 P.2d 415, 416 (Utah Ct.App.1997) (holding a plea in abeyance is not a final order in part because the defendant had not been 8. We note that the trial co......
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State v. Millward
...be taken from a plea in abeyance agreement.” State v. Comer, 2002 UT App 219, ¶ 14, 51 P.3d 55; see also State v. Hunsaker, 933 P.2d 415, 416 (Utah Ct.App.1997) (per curiam); State v. Moss, 921 P.2d 1021, 1025 n. 7 (Utah Ct.App.1996). Thus, under well-settled law, Millward is not guaranteed......