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LINDON CITY v. Stewart

Citations: 2011 UT App 63; 249 P.3d 596Docket: 20110036-CA

Court: Court of Appeals of Utah; March 9, 2011; Utah; State Appellate Court

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Raymond Stewart appealed his speeding conviction following a trial de novo in district court. Lindon City filed a motion to dismiss the appeal, arguing a lack of jurisdiction. Under Utah Code section 78A-7-118, defendants can appeal justice court convictions and are entitled to a trial de novo in a district court. The district court's ruling is final unless it addresses the constitutionality of a statute or ordinance. In this case, the district court did not rule on any constitutional issues during Stewart's conviction. Consequently, the appellate court determined it lacked jurisdiction over the appeal and dismissed the case.