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STATE v. MILLETT

No. 20070725-CA.

174 P.3d 1140 (2007)

2007 UT App 403

STATE of Utah, Plaintiff and Appellee, v. Shane L. MILLETT, Defendant and Appellant.

Court of Appeals of Utah.

December 20, 2007.

Attorney(s) appearing for the Case

Shelden R. Carter, Provo, for Appellant.

Mark L. Shurtleff, Atty. Gen., and Kris C. Leonard, Asst. Atty. Gen., Salt Lake City, for Appellee.

Before GREENWOOD, Associate P.J., BILLINGS, and DAVIS, JJ.

MEMORANDUM DECISION

PER CURIAM:

¶ 1 This case is before the court on a sua sponte motion for summary dismissal on grounds that the notice of appeal was not timely filed after entry of the judgment being appealed. Based upon our review of the district court record, the judgment being appealed was not final and appealable because the third count of the information remained pending when Appellant Shane Millett filed his notice of appeal. We dismiss this...

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