State v. Stewart

Summary

The Utah Supreme Court reversed the Utah Court of Appeals and held that Calvin Stewart was not entitled to reinstatement of the time to appeal under Utah Rule of Appellate Procedure 4(f). Although the sentencing court may not have informed Stewart of his right to counsel on appeal, it had no legal obligation to do so under the rules and law applicable in 2003. Stewart was responsible for the dismissal of his appeal because he failed to file a required brief, and therefore was not deprived of his right to appeal through no fault of his own.

Holdings

1. A criminal defendant seeking reinstatement of the time to appeal under Utah Rule of Appellate Procedure 4(f) must prove that the defendant was deprived of the right to appeal through no fault of the defendant's own. A defendant whose appeal was dismissed for failing to comply with the appellate briefing schedule has not made that showing.
2. In 2003, no Utah rule, controlling precedent, statute, or United States Supreme Court precedent required the sentencing court to inform Stewart of his right to counsel on appeal. The court therefore was not at fault for failing to provide that advice.
3. The court of appeals did not make independent factual findings when it determined that the district court's findings were clearly erroneous; reviewing factual findings for clear error was within its prerogative.

Questions Presented

1. Whether Utah Rule of Appellate Procedure 4(f) permits reinstatement of the time to appeal when a defendant filed a notice of appeal but failed to file an appellate brief after the sentencing court allegedly failed to advise him of his right to appellate counsel.
2. Whether the sentencing court's failure in 2003 to inform Stewart of his right to appellate counsel constituted legal fault that deprived him of his right to appeal.
3. Whether the court of appeals properly reviewed the district court's factual determination concerning Stewart's testimony and burden of proof.

Disposition

reversed