State v. Montoya

OPINION

GARFF, Judge:

On November 23, 1988, David Montoya was convicted of attempted rape, a second degree felony, in violation of Utah Code Ann. §§ 76-4-102 and 76-5-402 (1990). He now appeals his conviction. We dismiss the appeal for lack of jurisdiction.

On December 15, 1988, a document entitled “Judgment, Sentence, and Commitment to Utah State Prison” was entered wherein Montoya was sentenced to a term of one to fifteen years. Montoya did not file an appeal within the statutory period after he was sentenced. However, apparently, in order to afford Montoya an enlargement of time to appeal his…