State of Utah v. Passarelli

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State v. Passarelli. Filed December 2, 1999 IN THE UTAH COURT OF APPEALS


State of Utah,
Plaintiff and Appellee,


James Lee Passarelli,
Defendant and Appellant.

(Not For Official Publication)

Case No. 990527-CA

December 2, 1999
  1999 UT App 354 -----

Second District, Farmington Department
The Honorable Michael G. Allphin

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


Before Judges Greenwood, Bench, and Orme.


"[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