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Lucero v. Kennard4/1/2004
t rights. "We review an appeal from an order dismissing or denying a petition for post-conviction relief for correctness without deference to the lower court's conclusions of law." Rudolph v. Galetka, 2002 UT 7, 4, 43 P.3d 467.
ANALYSIS
I. Appellate Review of Justice Courts
**7 We first discuss the Justice Court's argument that the district court lacked jurisdiction to hear the petition because Petitioner did not first appeal to the district court for a trial de novo. Rule 65C(g)(1) of the Utah Rules of Civil Procedure directs the district court, upon receiving a petition for post-conviction relief, to first review the petition to ensure that the claims have not been previously adjudicated, or that the claims are not frivolous. If the court finds that the petition is not properly raised, the court is required to summarily dismiss the claims. See Utah R. Civ. P. 65C(g)(1). Additionally, Utah Code Annotated section 78- 35a-106(1)(c) (2002) precludes post-conviction *178 relief when a claim "could have been but was not raised at trial or on appeal." Id. In Hutchings v. State, 2003 UT 52, 14, 84 P.3d 1150, the Utah Supreme Court noted that rule 65C complements section 78-35a-106 and is "designed to balance the 'requirements of fairness and due process against the public's interest in the efficient adjudication ... of post-conviction relief cases.' " Id. (quoting Utah R. Civ. P. 65C(g)(1)). Therefore, a district court has jurisdiction over a petition for post-conviction relief in order to determine its procedural correctness.
**8 In this case, it is unclear from the record whether the district court conducted this preliminary review required by rule 65C. It is clear, however, that the district court did not summarily dismiss the petition under rule 65C, but held a hearing on the merits, received evidence, and entered its Findings of Fact and Conclusions of Law dismissing the petition. [FN2] As a result, the district court correctly assumed jurisdiction over Petitioner's petition. The remaining question is whether the district court should have summarily dismissed the petition for failure to comply with rule 65C and section 78-35a-106.
FN2. The Justice Court likewise argues that this court does not have jurisdiction over this case. However, the court of appeals has jurisdiction to review a district court's denial of a petition for post-conviction relief pursuant to Utah Code Annotated section 78-2a-3(2)(f) (2002). See also Utah R. Civ. P. 65C(o).
**9 The Justice Court argues that Petitioner was required to pursue a direct appeal before seeking post-conviction relief. [FN3] The Utah Constitution provides: "In criminal prosecutions the accused shall have ... the right to appeal in all cases." Utah Const. art. I, § 12. For criminal cases originating in justice courts, a defendant is provided an appeal through "a trial de novo in the district court." Utah Code Ann. § 78-5-120(1) (2002). In a trial de novo, the district court is "not acting in a typical appellate capacity." State v. Hinson, 966 P.2d 273, 276 (Utah Ct.App.1998). Because justice courts are not courts of record, "the 'appeal' does not involve a review of the justice court proceedings." Id. at 275. Through a trial de novo in the district court, "the parties essentially get a fresh start," and the case is tried again as if it originated there. Dean v. Henriod, 1999 UT App 50, 9, 975 P.2d 946 (quotations and citation omitted). The district court's judgment after trial de novo is final and may not be appealed either to this court or the Utah Supreme Court absent an issue regarding the constitutionality of a statute or ordinance. See Utah Code Ann. § 78-5-120(7); Hinson, 966 P.2d at 276. "[I]n Utah, ... it is settled that the right to an 'a
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