Ogden City v. Decker

IN THE UTAH COURT OF APPEALS
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Ogden City,
Plaintiff and Appellee,

v.

James Decker,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020266-CA

F I L E D
(July 17, 2003)

2003 UT App 253

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Second District, Weber Department

The Honorable W. Brent West

Attorneys: James Decker, Salt Lake City, Appellant Pro Se

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Before Judges Davis, Greenwood, and Thorne.

PER CURIAM:

Appellant James Decker appeals his conviction based upon a plea of no contest to driving on a suspended license, a class C misdemeanor. This case is before the court on a sua sponte motion for summary disposition. Decker did not respond to the sua sponte motion.

Decker did not file a timely motion to withdraw his plea of no contest. Failure to file a motion to withdraw a guilty plea within thirty days of its entry "extinguishes a defendant's right to challenge the validity of the guilty plea on appeal." State v. Reyes, 2002 UT 13,¶3, 40 P.2d 630. As a result, this court lacks jurisdiction to consider issues regarding the validity of the no contest plea on appeal. The sentence of a suspended thirty day jail term and a fine of $250.00 is consistent with the offense. Decker did not respond to the sua sponte motion and has not demonstrated that the sentence was excessive in this case.

We affirm the conviction and sentence.

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James Z. Davis, Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge