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State v. Reeder9/8/2004
al judgment of conviction has been entered. Instead, the District Court reversed and remanded his case to the Municipal Court for a new trial. Therefore, pursuant to Rule 1(d), M.R.App.P., and § 46-20-104(1), MCA, this Court lacks jurisdiction over this appeal. See Kaplan , 275 Mont. at 109, 910 P.2d at 241; Whalen , 242 Mont. at 299, 790 P.2d at 475.
The State contends that, although we lack jurisdiction over the issues not addressed by the District Court, we may properly address Reeder's PAST issue because State v. Turbiville , 2003 MT 340, 318 Mont. 451, 81 P.3d 475, "controls the outcome of this issue . . . ." Reeder concedes that Turbiville controls, but he argues that under City of Missoula v. Robertson , 2000 MT 52, 298 Mont. 419, 998 P.2d 144, this Court may address issues not addressed by the District Court under certain circumstances. Having concluded that we lack jurisdiction over this appeal in its entirety, we decline to address the parties' arguments regarding our jurisdiction over particular issues.
We conclude we lack jurisdiction over this appeal in its entirety because Reeder does not currently stand convicted of a criminal offense and no final judgment of conviction has been entered. Therefore, we dismiss this appeal.
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