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State v. Thomas

Utah Court of Appeals
Dec 22, 2005
2005 UT App. 555 (Utah Ct. App. 2005)

Opinion

Case No. 20050937-CA.

Filed December 22, 2005. (Not For Official Publication).

Appeal from the Fourth District, Provo Department, 041402172, The Honorable Samuel McVey.

Sheldon R. Carter, Provo, for Appellant.

Mark L. Shurtleff and Matthew D. Bates, Salt Lake City, for Appellee.

Before Judges Davis, McHugh, and Orme.


MEMORANDUM DECISION


Lester Chet Thomas appeals from his conviction of possession with intent to distribute. This is before the court on its own motion for summary disposition. Thomas did not respond to the motion.

In his docketing statement, Thomas identifies the issue on appeal as whether the trial court erred in denying his motion to suppress evidence. However, Thomas pleaded guilty unconditionally to the charge, thus waiving his right to challenge the denial of his motion. A guilty plea constitutes a waiver of the right to appeal all nonjurisdictional issues. See State v. Smith, 833 P.2d 371, 372 (Utah Ct.App. 1992). The general rule in criminal proceedings is that by pleading guilty, a defendant is deemed to have admitted all of the essential elements of the crime charged and thereby waives all nonjurisdictional defects, including alleged pre-plea constitutional violations. See State v. Parsons, 781 P.2d 1275, 1277 (Utah 1989).

Thomas's guilty plea extinguished his right to challenge the trial court's denial of his motion to suppress. No other issue has been identified. As a result, there is no substantial question for review warranting further consideration by this court.

Accordingly, Thomas's conviction is affirmed.

James Z. Davis, Judge, Carolyn B. McHugh, Judge, and Gregory K. Orme, Judge.


Summaries of

State v. Thomas

Utah Court of Appeals
Dec 22, 2005
2005 UT App. 555 (Utah Ct. App. 2005)
Case details for

State v. Thomas

Case Details

Full title:State of Utah, Plaintiff and Appellee, v. Lester Chet Thomas, Defendant…

Court:Utah Court of Appeals

Date published: Dec 22, 2005

Citations

2005 UT App. 555 (Utah Ct. App. 2005)
2005 UT App. 559