State v. Yardley

MEMORANDUM DECISION

¶1 Kevin Yardley entered a conditional guilty plea during de novo proceedings in district court following his justice court conviction. The conditional plea sought to preserve a right to appeal an issue that would not otherwise have been appealable under Utah Code section 78-5-120(7) (2002). The State moves to dismiss the appeal because the district court did not rule on the constitutionality of a statute or ordinance.1

¶2 Section 78-5-120(7) states that "[the decision of the district court [in a case originating in a justice court] is final and may not be appealed unless…