Layton City v. Anderson

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IN THE UTAH COURT OF APPEALS ----ooOoo---Layton City, Plaintiff and Appellee, v. Blake Jay Anderson, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20050657-CA F I L E D (November 25, 2005) 2005 UT App 507 ----Second District, Layton Department, 051600183 The Honorable John R. Morris Attorneys: Christopher A. Beins, Tremonton, for Appellant ----- Before Judges Davis, Orme, and Thorne. PER CURIAM: Blake Jay Anderson filed a notice of appeal from his convictions of two misdemeanor charges. This is before the court on its own motion for summary disposition based on the lack of a substantial question for review. Neither party responded to the motion. Anderson pleaded guilty to two misdemeanor charges. He did not move to withdraw his pleas. 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 preplea constitutional violations. See State v. Parsons, 781 P.2d 1275, 1277 (Utah 1989). Because Anderson pleaded guilty, he has waived the right to appeal the issues identified in his docketing statement. Further, with no response from either party identifying any other issues for appeal, there appears to be no substantial issue for review. Accordingly, Anderson's convictions are affirmed. ______________________________ James Z. Davis, Judge ______________________________ Gregory K. Orme, Judge ______________________________ William A. Thorne Jr., Judge 20050657-CA 2

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