Nina & Lance Keller & Court System court drops child abuse case and leaves my grandchildren with their abusers abused & mistreated Sandy Utah

Lance Keller is released from Prison. He is now a free man. 

Lance Keller is now a free man and roaming the streets of Logan and North Logan, Utah as a civilian. 

Lance Keller pleaded guilty on October 1, 2008 in 1st District Court.

IN THE UTAH COURT OF APPEALS

State of Utah, Plaintiff and Appellee, 

v. 

Lance Keller, Defendant and Appellant.

Case No. 20090644-CA

COURT OF APPEALS OF UTAH



January 28, 2010, Filed

NOTICE:

NOT FOR OFFICIAL PUBLICATION


PRIOR HISTORY:

[*1]


First District, Logan Department, 081101057. The Honorable Clint S. Judkins.


COUNSEL: David M. Perry, Logan, for Appellant.

Mark L. Shurtleff and Marian Decker, Salt Lake City, for Appellee.

JUDGES: Before Judges McHugh, Orme, and Bench. n1 Carolyn B. McHugh, Associate Presiding Judge, Gregory K. Orme, Judge, Russell W. Bench, Senior Judge.
1

The Honorable Russell W. Bench, Senior Judge, sat by special assignment pursuant to Utah Code section 78A-3-102 (2008) and rule 11-201(6) of the Utah Rules of Judicial Administration.


PER CURIAM:

Appellant Lance Keller appeals his sentence and the denial of a motion to reconsider his sentence on a conviction of aggravated sexual abuse of a child, a first degree felony. This case is before the court on a sua sponte motion for summary dismissal for lack of jurisdiction.

Keller's notice of appeal was untimely to initiate an appeal of his sentence because it was not filed within thirty days of the entry of the signed judgment and sentence on March 2, 2009. See State v. Gerrard, 584 P.2d 885, 886 (Utah 1978) ("It is the sentence itself which constitutes a final judgment from which appellant has the right to appeal."); see also State v. Todd, 2004 UT App 266, P 15, 98 P.3d 46 [*2] (stating that a final judgment occurs when the trial court enters the written judgment of conviction, including the sentence, into the record). The March 2, 2009 judgment and sentence entered was final and appealable. The notice of appeal filed on July 23, 2009, was not timely and did not confer jurisdiction on this court to consider an appeal of the sentence.

The notice of appeal was filed within thirty days after entry of the district court's decision denying Keller's motion to reconsider his sentence. A trial court "may correct an illegal sentence or a sentence imposed in an illegal manner at any time." Utah R. Crim. P. 22(e). "Once a court imposes a valid sentence, it loses subject matter jurisdiction over the case," State v. Montoya, 825 P.2d 676, 679 (Utah Ct. App. 1991), and lacks jurisdiction to resentence the defendant, see id. The district court sentenced Keller to a prison term of fifteen years to life on his conviction of aggravated sexual abuse of a child, in accordance with Utah Code section 76-5-404.1(6), see Utah Code Ann. 76-5-404.1(6) (2008). Because the sentence was within the statutory range for the offense, it was not an illegal sentence. Furthermore, the district [*3] court correctly observed that Keller did not argue that the sentence was imposed in an illegal manner. Instead, he claimed that the district court did not consider all mitigating circumstances in sentencing him to the longest minimum mandatory term of fifteen years, rather than imposing one of the shorter minimum mandatory terms of six or ten years, as allowed by statute, see id. Keller requested the district court to reconsider the fifteen year to life sentence imposed and "reduce the same to a lower category of six or ten years to life." Accordingly, the district court did not err in denying the motion to reconsider the sentence because it lacked jurisdiction to reconsider the legal--and legally imposed--sentence.

We dismiss the direct appeal from the sentence because we lack jurisdiction to consider it. We affirm the district court's denial of the motion to reconsider the sentence.

Carolyn B. McHugh,

Associate Presiding Judge

Gregory K. Orme, Judge

Russell W. Bench, Senior Judge

My name is Kelly.  I have appreciated reading this report.  When i first met Lance Keller I knew something was wrong with him.  It was my daughter that was molested by this man.  As of now he is in prison serving 15 to life.  I am grateful hearing that you would be there for his parole hearing.  My ex wife knew about the abuse for a year and didn't turn him in.  she served time in jail for failure to report and i am currently fighting for custody.  Yes, the justice system in Utah I feel is lacking but I do have hope.  Again, thank you for the comments you have made.  

Thank you Mr. Jenson for the response. This is very new info for Mr. Muller and myself. But I'm wondering if Nina Keller or whatever she's calling herself shouldn't also be arrested and put in jail too. She's broken every court order. She has now refused to provide her address, phone number and the where abouts of the children to the court and the court accepts that. Simply amazes me what that court is accepting. Mr. Muller is now in ligation with Ms. Nina whatever she calls herself now. She's pulled out of the background but she continues to elude everyone. She went so far as to sign paperwork giving her father the rights to Mr. Muller's son. He as a retired cop knew he was breaking the law. They needed Mr. Muller's signature also. He was never notified. Mr. Muller lived for some 10 years (about) around the corner from Mr. Garner's mother. They've always known where my son was and what he was doing. Mr. Garner told the grandson that his father was a crook. I think he's as bad as his daughter. Cut from the same cloth as they say. Since we are Native American, we do not believe in treating our children badly. Our blood to Creator does not allow this. I just can't believe the law in Utah. I don't know who it protects. And the welfare office.... Mr. Muller worked with them for about a year until Nina wouldn't show up for appointments with the kids for him to have time with them. They just did nothing after that. I can name names from there.... she said she was grooming my son to take custody of his kids and the 3rd child she had as Lance Keller was then being labeled a sex offender. My son was willing to take all three kids to keep them together. But it all suddenly stopped when Ms. Nina just failed to show up. The Department of Child Welfare just filed it away I guess. In summation, it's good that Mr. Keller is in jail now... we intend to go to parole hearings to keep him there.

It's amazing to me that you answer this 5 years later and try to portray yourself as innocent in this situation. Mr. Muller quit taking your calls-he got tired of your nonsense. You are now a convicted sex offender and listed on the Megan lists. It amazes me that you have access to computers which makes you have accese to the outside world. You should have no comforts of life. And certainly no privileges such as computer time... how much kidie porn are you looking up???? YOU have a problem that can never be cured according to the experts. YOU should be locked away for the rest of your life. We (my son and I) will make sure we are at every parole hearing, we do not want you back on the streets. No one should have you as a neighbor.You have ruined several children. They will never get their childhoods back. You have taken something very precious from them. The damage can never be repaired. And of course you probably had a bad childhood yourself... you couldn't change yourself??? Reading the reports from the welfare office I doubt you have ever been happy with any woman. You are too ingrained in your obsessions. Yes, I do agree, the common denomentor is Nina. She too is very sick. But she's been raised with people who manipulate the law also and put up with her obesssions also. Seems it's a family thing. Mr. Muller has ALWAYS been available. You, Nina and Utah chose not to contact him. He lived many years around the corner from Nina's grandmother. Everyone knew. He's been told that if he tryed to see his kids the cops would be called and worse. His choices were???? Lose his life trying to see his kids or live to fight another day???? Since we are Indian and are presently contacting the Indian Nation in Utah for help, I'm hoping they will help us to bring this to a quick resolution. Use the prison computers for some good and look up some self help stuff.. you need it.

Louisa Muller Crebar

 

unfortunately it had to go too far for the State of Utah to do anything with this sleeze bag.. but we shouldn't see him for 25+ years anyways.
--------------------------------

Herald Journal, The (Logan, UT)

September 18, 2008

Logan man accused of child rape, sex abuse

Author: Matthew K. Jensen

Article Text:

A 32-year-old Logan man was arrested Tuesday and charged with 12 first-degree felony counts for rape and sexual abuse of a child.

Police say Lance Keller was booked into jail after investigators rapidly compiled evidence leading police to suspect the man had taken "indecent liberties" with an 11-year-old girl.

Police Lt. Rod Peterson said multiple acts of sexual intimacy took place between Keller and the alleged victim between February and June of 2008.

Peterson emphasized neither Keller nor investigators could isolate every episode and the 12 counts reflect only verified incidents.

"There were many occasions where those indecent liberties took place," Peterson said. "He also covertly videotaped the girl while she was taking a shower."

Keller allegedly downloaded the video material onto a home computer, which was later discovered by the girl and her friend.

Peterson said the friend reported what she saw to her mother. An anonymous telephone call was later placed to the Division of Child and Family Services, which then contacted law enforcement. The Logan City Police! Department began an immediate investigation.

"The parties involved were interviewed and evidence was gathered," Peterson said. "Ultimately, the alleged offender was booked into jail."

Peterson said police began investigating the case just moments after receiving the call from DCFS.

"With something of this magnitude, we don't sit on it," he said. "Once we're made aware that someone is a victim of such a heinous crime, we and DCFS act urgently to ensure that the victim is protected as quickly as possible."

Peterson said every member of the community should be concerned with the safety and protection of children.

"I hope that people understand that when you become aware of these types of incidents, it's mandated by state law that you notify child support services or the police department."

Keller is being held at the Cache County Sheriff's complex with a $420,000 bail.



E-mail:

mjensen@hjnews.com

Copyright 2008 Cache Valley Publishing LLC
Record Number: 20080918031437742742.raw

I am Lance Keller.

I have chose to respond to this as there are some truths and non-truths to this argument. In the end it might help everyone out.

I will start with what is true:
We lived in Salt Lake City area (not sandy). Department of Child and Family Services DCFS did have a report open on myself due to Nina (Garner) Keller. At one time we did live in Reno, NV.
Well that is all there is in truth.

For the update on incorrect information:
The state of Utah dropped the case due to false information provided, not due to lack of co-operation. I not only did everything they asked, I even went above and beyond to provide counselor reports, doctor reports and even legal information. The problem started and ended with the information provided by Nina Keller. She never kept her story straight and would change it every week, soon the State of Utah declared her a Pathological Lier. The State of Utah issues me an apology letter, including final documentation of the case being closed and Nina's mental status for court documentation. (I have court document to back this up and will provide them upon request.)

Leaving Reno, NV:
Nina left Reno 2 months prior to me leaving due to wanting to be closer to her parents. I finished up work there and transfered to the SLC area soon after. No Child Service action ever took place in Reno, NV.

Your son, Billy Muller:
I was under the impression that Bill did not want anything to do with his kids. When I married Nina, I never heard from Bill nor did we ever see a Child Support Payment for the first few years.

It was only later down the court system road, that Bill entered back into the picture and sided with me on several court cases.

I now understand what was really going on. Bill was being kept out of his kids life due to lack of information not due to lack of interest. I know this because the same thing is now happening to me. I have not seen my daughter or Nina for 6 years now. despite all the legal action against her, she just moves every time I find her.

Bill and I are having the exact same thing happen to us by only one common variable.
Nina (Muller, Garner) Keller. Oh and this no longer her name again.

Since I am answering this in order, the next subject is "Baby Smothering" but I think by now if you are not seeing the problem was Nina not me. well just refer to the first topic and you will see that, this report was also false and rebuked later by the courts.

This is the first time I have heard anything about any sexual abuse charges, So? I will just say this information in wrong or to purposefully mislead people.

And Finally, Gaining custody and seeing our kids.
As I stated before, I also have not seen my daughter in 6-7 years. I have all the legal paperwork to visit her, but every time I find out where the mother Nina lives. She moves.
I would be happy to have Mr. Muller contact me. Together two fathers against one mother would be much more powerful in getting back our kids.
I have been trying to contact Mr. Muller for some time now. But he is no longer a person I can find.

I hope this information helps.
Oh, by the way. I was divorced from Nina long before this was posted. like back in 2002-2003. I don't even remember.

I am re-married now with my 4th daughter just born and 3 step-kids. I have 7 kids in total now and love my wife of 4 years and all of her family. We have never had an argument, and no legal action since Nina has been out of our lives.