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Springville City v. Vincent

Citations: 267 P.3d 971; 2011 UT App 427; 697 Utah Adv. Rep. 42; 2011 Utah App. LEXIS 428; 2011 WL 6291958Docket: No. 20110922-CA

Court: Court of Appeals of Utah; December 14, 2011; Utah; State Appellate Court

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Billy G. Vincent Jr. appeals his convictions for speeding in a construction zone and following too closely. The court addresses the lack of jurisdiction regarding the appeal based on Utah Code section 78A-7-118(8), which states that decisions from district courts in cases originating from justice courts are final and not appealable unless the district court has ruled on the constitutionality of a statute or ordinance. Vincent was convicted in Springville Justice Court and subsequently found guilty by the district court in a bench trial. Although Vincent argues that the proceedings lacked constitutional standards, the record does not show that the district court addressed any constitutional issues. Consequently, since the case did not involve a constitutional ruling, the court concludes it lacks jurisdiction to hear the appeal and dismisses it.