State of Utah v. Wilson

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State of Utah v. Wilson, Case No. 20010015-CA, Filed October 12, 2001 IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,

v.

Michael James Wilson,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010015-CA

F I L E D
October 12, 2001 2001 UT App 299 -----

Second District, Layton Department
The Honorable Michael G. Allphin

Attorneys:
Michael James Wilson, Clearfield, Appellant Pro Se

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Before Judges Bench, Orme, and Thorne.

PER CURIAM:

Appellant Michael James Wilson appeals his convictions, based upon no contest pleas to Operating a Vehicle Without Insurance and Driving on a Suspended License, both class B misdemeanors.

A no contest or guilty plea waives all nonjurisdictional defects, including pre-plea constitutional violations. See, e.g., Bentley v. West Valley City, 2001 UT 23,¶4, 21 P.3d 210. We consider only Wilson's claim that the district court should have dismissed the prosecution for lack of jurisdiction. Wilson claims that he is not subject to the jurisdiction of the State of Utah because he is a sovereign citizen who is not a "person" within the meaning of statutes regulating the operation of motor vehicles in this state. This claim has been consistently and repeatedly rejected, and does not merit further consideration. See, e.g., Wisden v. Salina City, 709 P.2d 371, 372 (Utah 1985) (per curiam) (stating all persons are subject to state regulation of use of motor vehicles); see also State v. Stevens, 718 P.2d 398, 399 (Utah 1986) (per curiam) (stating state regulation of operation of motor vehicles does not violate constitutional rights). The jurisdictional claims are without merit.

Accordingly, the judgment is affirmed.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Gregory K. Orme, Judge
 
 

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William A. Thorne, Jr., Judge