Salt Lake City v. Maros

----ooOoo----

Salt Lake City,
Plaintiff and Appellee,

v.

Steve Maros,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000985-CA

F I L E D
March 8, 2001 2001 UT App 80 -----

Third District, Salt Lake Department
The Honorable Anthony B. Quinn

Attorneys:
Steve Maros, Salt Lake City, Appellant Pro Se
Augustus G. Chin, Salt Lake City, for Appellee -----

Before Judges Jackson, Bench, and Davis.

PER CURIAM:

Appellant Steve Maros appeals his conviction, following a no contest plea, of Public Intoxication, a class C misdemeanor. This case is before the court on a sua sponte motion for summary disposition.

Maros contends that he may appeal notwithstanding an unconditional plea of no contest and challenges the factual basis for the charge of public intoxication. Although an appellant may file an appeal following a no contest or guilty plea, the issues that may be pursued on appeal are limited. The general rule is that "a voluntary guilty plea is a waiver of the right to appeal all nonjurisdictional issues, including alleged pre-plea constitutional violations." State v. Sery, 758 P.2d 935, 938 (Utah Ct. App. 1988); see also State v. Smith, 833 P.2d 371, 372 (Utah Ct. App. 1992) ("A voluntary plea of guilty or no contest constitutes a waiver of the right to appeal all nonjurisdictional issues."). "[B]y pleading guilty [or no contest], the defendant is deemed to have admitted all of the essential elements of the crime charged and thereby waives all nonjurisdictional defects." State v. Parsons, 781 P.2d 1275, 1278 (Utah 1989). The claim that the facts did not support a charge of public intoxication was waived by entry of an unconditional plea of no contest. Maros did not make a timely motion to withdraw his plea, has not provided a transcript, and has not raised any jurisdictional issue or other issue that would survive the waiver resulting from his no contest plea.

Accordingly, we affirm the judgment.
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 
 

______________________________
James Z. Davis, Judge