Ogden City v. Ward

IN THE UTAH COURT OF APPEALS
 

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Ogden City,

Plaintiff and Appellee,

v.

William A. Ward,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20041004-CA
 

F I L E D
(March 17, 2005)
 

2005 UT App 127

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Second District, Ogden Department

The Honorable Ernest W. Jones

Attorneys: William A. Ward, Ogden, Appellant Pro Se

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Before Judges Greenwood, Jackson, and Thorne.

PER CURIAM:

    William A. Ward appeals his conviction of Speeding, an infraction, following a bench trial. This case is before the court on a sua sponte motion for summary disposition.

    Ward raises on appeal, and raised in the trial court, various issues related to the district court's alleged lack of subject matter jurisdiction or personal jurisdiction over him. He contends that he is not subject to regulation by the State of Utah, that he is entitled to American sovereign immunity from prosecution, and that he cannot be tried without his consent. We disagree. This claim has been 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 use of motor vehicles does not violate constitutional rights). The record demonstrates that the offense occurred in Ogden City. It is not necessary for Ward to consent to the jurisdiction of the court, nor is he immune from prosecution. See Utah Code Ann. § 76-1-201(1)(a) (Supp. 2004) ("A person is subject to prosecution in this state for an offense which he commits . . . by his own conduct . . . if the offense is committed either wholly or partly within the state."). Ward does not otherwise challenge the sufficiency of the evidence to convict him of the offense.

    Accordingly, we affirm the conviction and sentence.

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Pamela T. Greenwood, Judge

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Norman H. Jackson, Judge

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William A. Thorne Jr., Judge