OPINION ORME, Judge: 1 Defendant Benson Manwaring appeals his conviction for driving under the influence of alcohol (DUI), see Utah Code Ann. 41-6a-502(1)(a) (2010), a third degree felony, see id. 41-6a-503(2). On appeal, Defendant contends that the trial court erred in denying his motion to suppress, refusing to allow his expert witness to testify and limiting the scope of his cross-examination of the State's expert, and concluding that subsection (1)(a) of section 41-6a-502 (the...
MEMORANDUM DECISION GREENWOOD, Senior Judge: 1 Roberto Joseph Duran Jr. appeals the sentences arising out of his convictions for aggravated assault by a prisoner, a second degree felony, see Utah Code Ann. 76-5-103.5(1) (2008), and assault by a prisoner, a third degree felony, see id. 76-5-102.5. These convictions resulted from Duran's violent assault on three deputies while he was incarcerated at the Weber County Jail in 2007. Two of the deputies were transported to the hospital by...
OPINION McHUGH, Associate Presiding Judge: 1 Martin Ray Jackson appeals his conviction for unlawful sexual conduct with a sixteen- or seventeen-year-old (Unlawful Sexual Conduct), see Utah Code Ann. 76-5-401.2 (2008), arguing that the trial court erred when it denied his motion to arrest judgment because prosecution of the charge was barred by the expiration of the applicable statute of limitations. Jackson further contends that Unlawful Sexual Conduct is not a lesser included offense...
MEMORANDUM DECISION ROTH, Judge. 1 Darren Berriel appeals his convictions for aggravated assault, a third degree felony, see Utah Code Ann. 76-5-103(1)(b), (3) (2008) (current version at id. 76-5-103(1)(a), (2)(a) (Supp. 2011)), and possession of a deadly weapon with intent to assault, a class A misdemeanor, see id. 76-10-507 (2008). First, he argues that the trial court erred in refusing to instruct the jury on justification for the use of force in defense of another as a...
PER CURIAM DECISION CAROLYN B. McHUGH, Associate Presiding Judge. 1 Richard A. Bash seeks to appeal the district court's order entered on July 9, 2009. 1 This matter is before the court on a sua sponte motion for summary disposition. We dismiss the appeal for lack of jurisdiction. 2 Rule 4 of the Utah Rules of Appellate Procedure requires that a notice of appeal must be filed within thirty days of the entry of the final order or judgment appealed. See Utah R. App. P. 4(a). In a...
PER CURIAM DECISION CAROLYN B. McHUGH, Associate Presiding Judge. 1 Derek Kyle Boswell seeks to appeal his plea-based convictions for possession of a controlled substance and failure to respond to a police officer. This matter is before the court on its own motion for summary disposition based upon lack of jurisdiction due to Boswell's failure to file a timely notice of appeal. See Utah R. App. P. 4(a). Boswell did not file a response to the court's motion. 2 A notice of appeal must be...
PER CURIAM DECISION CAROLYN B. McHUGN, Associate Presiding Judge. 1 Shayne E. Todd appeals the dismissal of his petition for post-conviction relief. This case is before the court on a sua sponte motion for summary disposition. 2 In 1999, Todd had an altercation with his estranged wife, Stephanie Todd, during which he shot and killed her. Subsequently, after a jury trial in 2001, Todd was convicted of murder. We affirmed the conviction in 2007. See State v. Todd, 2007 UT App 349, 173 P....
DECISION PER CURIAM: 1 Shayne E. Todd appeals the dismissal of his petition for post-conviction relief. This case is before the court on a sua sponte motion for summary disposition. 2 In 1999, Todd had an altercation with his estranged wife, Stephanie Todd, during which he shot and killed her. Subsequently, after a jury trial in 2001, Todd was convicted of murder. We affirmed the conviction in 2007. See State v. Todd, 2007 UT App 349, 173 P.3d 170 . 3 In April 2009, Todd filed his...
MEMORANDUM DECISION ROTH, Judge. 1 Darren Berriel appeals his convictions for aggravated assault, a third degree felony, see Utah Code Ann. 76-5-103(1)(b), (3) (2008) (current version at id. 76-5-103(1)(a), (2)(a) (Supp. 2011)), and possession of a deadly weapon with intent to assault, a class A misdemeanor, see id. 76-10-507 (2008). First, he argues that the trial court erred in refusing to instruct the jury on justification for the use of force in defense of another as a...
AMENDED OPINION 1 CHRISTIANSEN, Judge. 1 Defendants Systems West Computer Resources, Inc. and Nancy Halverson (collectively, Systems West) 2 appeal the district court's grant of summary judgment to plaintiff KeyBank National Association (KeyBank) on KeyBank's breach of contract and related claims and on Systems West's counterclaims. We affirm. BACKGROUND 3 2 This controversy stems from KeyBank's one-million-dollar loan to Systems West. On January 9, 2001, KeyBank wrote Systems West a...
DECISION PER CURIAM: 1 James Christiansen Crabb appeals his convictions on two charges after a jury trial. We affirm. 2 Crabb asserts that there was insufficient evidence to convict him. However, he has not preserved this claim. Generally, "claims not raised before the trial court may not be raised on appeal." State v. Holgate, 2000 UT 74, 11, 10 P.3d 346 . The preservation rule applies to every claim and operates to provide the trial court with the opportunity to address, and...
DECISION PER CURIAM. 1 William Leroy Bates appeals his conviction after a jury trial. We affirm. 2 Bates asserts that there was insufficient evidence to convict him. However, he has not preserved this claim. Generally, "claims not raised before the trial court may not be raised on appeal." State v. Holgate, 2000 UT 74, 11, 10 P.3d 346 . The preservation rule applies to every claim and operates to provide the trial court with the opportunity to address, and correct if needed, a...
OPINION THORNE, Judge: 1 A.H.F. appeals from the juvenile court's ruling certifying him to the district court for trial as an adult on murder, kidnapping, and robbery charges. See generally Utah Code Ann. 78A-6-703 (Supp.2011) (providing procedures for certifying juveniles accused of felony offenses to the district court for trial as an adult). A.H.F. argues that the juvenile court erred when it admitted a written report on A.H.F.'s social history and background, prepared by the...
OPINION McHUGH, Associate Presiding Judge: 1 Ella Turner appeals a jury verdict in favor of University of Utah Hospitals and Clinics, University of Utah, and State of Utah (collectively, the Hospital), claiming that the trial court committed multiple errors, which deprived her of a fair trial. We affirm. BACKGROUND 1 2 On August 11, 2002, Turner was ejected from an automobile in a single-car rollover accident. At the scene of the accident, emergency responders found Turner "unconscious...
DECISION PER CURIAM: 1 J.R. (Mother) appeals the juvenile court's order terminating her parental rights in her two minor children. We dismiss the appeal. 2 After the juvenile court entered its formal order terminating Mother's parental rights in April 2011, Mother filed a notice of appeal. Pursuant to rule 55 of the Utah Rules of Appellate Procedure, that appeal was dismissed in May 2011 after Mother failed to file a petition on appeal. See Utah R.App. P. 55(a) (providing that if a...
DECISION PER CURIAM: 1 Jennielue Crosby Larsen appeals her convictions for five counts of theft of a firearm. Larsen asserts that the five counts should have merged into one count because they arose out of a single criminal episode. We affirm because Larsen failed to preserve the issue in the district court. 2 Generally, "claims not raised before the trial court may not be raised on appeal." State v. Holgate, 2000 UT 74, 11, 10 P.3d 346 . "[A] contemporaneous objection or some form...
OPINION THORNE, Judge: 1 Wolf Mountain Resorts, LC (Wolf Mountain) appeals from the district court's entry of summary judgment in favor of ASC Utah, Inc. (ASCU). In its summary judgment order, the district court reformed the language of a mortgage's due on sale clause, accepting ASCU's argument that, in drafting the clause, the parties had twice inadvertently written the word "Mortgagee" instead of the intended word, "Mortgagor." We conclude that evidence submitted by Wolf Mountain in...
DECISION PER CURIAM: 1 Derek Kyle Boswell seeks to appeal his plea-based convictions for possession of a controlled substance and failure to respond to a police officer. This matter is before the court on its own motion for summary disposition based upon lack of jurisdiction due to Boswell's failure to file a timely notice of appeal. See Utah R.App. P. 4(a). Boswell did not file a response to the court's motion. 2 A notice of appeal must be filed "with the clerk of the trial court...
DECISION PER CURIAM: 1 Richard A. Bash seeks to appeal the district court's order entered on July 9, 2009. 1 This matter is before the court on a sua sponte motion for summary disposition. We dismiss the appeal for lack of jurisdiction. 2 Rule 4 of the Utah Rules of Appellate Procedure requires that a notice of appeal must be filed within thirty days of the entry of the final order or judgment appealed. See Utah R.App. P. 4(a). In a criminal matter, the sentence itself constitutes the...
OPINION DAVIS, Presiding Judge: 1 Jeffrey Michael Gallup appeals his convictions for failing to respond to an officer's signal to stop, a third degree felony, see Utah Code Ann. 41-6a-210(1) (2010); speeding, a class C misdemeanor, see id. 41-6a-601; and driving on a suspended or revoked operator license, a class C misdemeanor, see id. 53-3-227(1)-(2). We reverse and remand. BACKGROUND 2 The facts are not disputed. On October 22, 2008, at approximately 11:22 p.m., Utah...
