State v. Vessey

OPINION

This matter is before the court on the State’s motion to dismiss without prejudice on the ground that this court lacks jurisdiction because the trial court has not yet acted on defendant’s motion for a new trial. The motion to dismiss is denied because defendant’s motion for a new trial was not timely.

In May 1995, defendant was convicted by a jury of rape of a child, a first degree felony, in violation of Utah Code Ann. § 76-5-402.1 (1995). In June 1995, after his conviction but before sentencing, defendant filed a pro se motion for a new trial and a notice of appeal. The appeal was…