State of Utah v. Passarelli

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

James Lee Passarelli,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990527-CA

F I L E D
December 2, 1999
  1999 UT App 354 -----

Second District, Farmington Department
The Honorable Michael G. Allphin

Attorneys:
John T. Caine, Ogden, for Appellant
Jan Graham and Jeffrey S. Gray, Salt Lake City, for Appellee

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Before Judges Greenwood, Bench, and Orme.

PER CURIAM:

"[A] voluntary [and unconditional] plea of guilty or no contest constitutes a waiver of the right to appeal all nonjurisdictional issues, including denial of a motion to suppress." State v. Smith, 833 P.2d 371, 372 (Utah Ct. App. 1992). Passarelli's plea was not conditional and such a plea cannot be implied. See State v. Sery, 758 P.2d 935, 939 (Utah Ct. App. 1998) (stating conditional pleas are permissible "when agreed to by the defendant and prosecution and approved by the trial court"). Passarelli could have contested the denial of his motion to suppress or raised claims concerning the preliminary hearing by entering a conditional plea or moving to withdraw his plea within thirty days of its entry. He did neither. Passarelli has thus waived the issues he seeks to raise on appeal.

Accordingly, the trial court is affirmed.
 
 
 
 

______________________________
Pamela T. Greenwood,
Associate Presiding Judge
 
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge