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State of Utah, Plaintiff and Appellee, v. Earl Sherod, Defendant and Appellant.

MEMORANDUM DECISION

PER CURIAM:

Appellant, Earl Sherod, appeals from a sentencing order entered in district court on April 25, 2001. Mr. Sherod filed a notice of appeal in trial court on April 26, 2001, the day after his sentencing. However, on May 7, 2001, Sherod filed a motion for a new trial in district court, which has yet to be ruled upon. This court does not have jurisdiction to hear Mr. Sherod's appeal, while the motion for a new trial is pending in district court. See Utah Rules of Appellate Procedure 4(b).

The timely filing of the motion for a new trial pursuant to Rule 24 of the Utah Rules of Criminal Procedure, tolls the time for filing a notice of appeal. The time for filing an appeal would run upon entry of an order denying a new trial. See Utah R. App. P. 4(b). Furthermore, a notice of appeal filed prior to disposition of a timely motion for a new trial "shall have no effect," and a new notice of appeal must be filed within thirty days of entry of an order denying the motion for a new trial. Id.

The appeal is dismissed for lack of jurisdiction.

Norman H. Jackson, Associate Presiding Judge, Russell W. Bench, Judge, William A. Thorne, Jr., Judge.

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STATE v. SHEROD
(Sep 13, 2001)