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Perea v. State ( 2017 )


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  •                         
    2017 UT App 67
    THE UTAH COURT OF APPEALS
    RIQO MARIANO PEREA,
    Appellant,
    v.
    STATE OF UTAH,
    Appellee.
    Opinion
    No. 20150144-CA
    Filed April 13, 2017
    Second District Court, Ogden Department
    The Honorable Ernest W. Jones
    No. 140907173
    Randall W. Richards, Attorney for Appellant
    Sean D. Reyes and Erin Riley, Attorneys for Appellee
    JUDGE JILL M. POHLMAN authored this Opinion, in which JUDGES
    MICHELE M. CHRISTIANSEN and KATE A. TOOMEY concurred.
    POHLMAN, Judge:
    ¶1      Riqo Mariano Perea appeals the district court’s January
    12, 2015 order summarily dismissing his petition for
    postconviction relief. Perea also seeks review of the district
    court’s October 16, 2015 order denying his rule 60(b) motion for
    relief from judgment. We affirm the first order, and we conclude
    that the second order is beyond the scope of this appeal.
    ¶2     In 2010, Perea was convicted of two counts of aggravated
    murder and two counts of attempted murder. He was sentenced
    to life in prison without the possibility of parole for each
    aggravated murder conviction and three years to life for each
    attempted murder conviction. The Utah Supreme Court affirmed
    Perea’s convictions in State v. Perea, 
    2013 UT 68
    , 
    322 P.3d 624
    .
    Perea v. State
    ¶3      Perea filed a petition for postconviction relief in the
    district court. On January 12, 2015, the court summarily
    dismissed the petition because it determined the claims raised
    had been previously adjudicated by the Utah Supreme Court on
    direct appeal. Perea timely filed a notice of appeal.
    ¶4     While the present appeal was pending, Perea filed a
    motion for relief from judgment pursuant to rule 60(b) of the
    Utah Rules of Civil Procedure. This court stayed the appeal for
    sixty days and temporarily remanded the case to the district
    court for the limited purpose of ruling on the motion. On
    October 16, 2015, the district court entered an order denying
    Perea’s motion. Perea did not file an amended notice of appeal
    or a new notice of appeal after the entry of that order.
    ¶5     On appeal, Perea’s brief focuses exclusively on the district
    court’s denial of his rule 60(b) motion. Although the district
    court’s summary dismissal of his postconviction petition was the
    subject of Perea’s notice of appeal, he mentions that order only
    in passing and does not identify or brief any issues related to it.
    Accordingly, we affirm the district court’s summary dismissal of
    Perea’s petition for postconviction relief. See Reynolds v. Woodall,
    
    2012 UT App 206
    , ¶ 18 n.10, 
    285 P.3d 7
     (affirming the trial court’s
    order where appellant failed to identify or brief any issues
    relating to that order).
    ¶6      With regard to Perea’s challenge to the district court’s
    order denying his rule 60(b) motion, we lack jurisdiction to
    review it. “A ruling on a rule 60(b) motion culminates in a
    separate, appealable order and, thus, may not be included in an
    existing appeal because the issues raised in the appeal predated
    the ruling on the rule 60(b) motion.” Dennett v. Ferber, 
    2013 UT App 209
    , ¶ 3, 
    309 P.3d 313
     (per curiam). Because Perea did not
    file a new or amended notice of appeal following the denial of
    the rule 60(b) motion, this court lacks jurisdiction to consider his
    challenge to that ruling. See 
    id. 20150144
    -CA                     2                 
    2017 UT App 67
    Perea v. State
    ¶7     We affirm the summary dismissal order, and we lack
    jurisdiction to consider the denial of Perea’s rule 60(b) motion.
    20150144-CA                    3                
    2017 UT App 67
                                

Document Info

Docket Number: 20150144-CA

Judges: Pohlman, Christiansen, Toomey

Filed Date: 4/13/2017

Precedential Status: Precedential

Modified Date: 11/13/2024