Spanish Fork City v. Burdett

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IN THE UTAH COURT OF APPEALS ----ooOoo---Spanish Fork City, Plaintiff and Appellee, v. Jacob Mark Burdett, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070758-CA F I L E D (January 25, 2008) 2008 UT App 24 ----Fourth District, Spanish Fork Department, 075302528 The Honorable Howard H. Maetani Attorneys: Jacob Mark Burdett, Orem, Appellant Pro Se Christine L. Sagendorf Johnson, Spanish Fork, for Appellee ----- Before Judges Greenwood, Davis, and McHugh. PER CURIAM: Jacob Mark Burdett appeals the district court's order convicting him of failure to register his vehicle. This case is before the court on Spanish Fork City's motion for summary disposition. After a bench trial, Burdett was convicted of failure to register his vehicle, a class C misdemeanor. On appeal, Burdett raises a host of issues that were not raised in the trial court. Because Burdett failed to raise the issues at trial, this court will not address them on appeal. As a general rule, "claims not raised before the trial court may not be raised on appeal." State v. Holgate, 2000 UT 74, ¶ 11, 10 P.3d 346. This preservation rule applies to "every claim, including constitutional questions, unless a defendant can demonstrate that 'exceptional circumstances' exist or 'plain error' occurred." Id. Thus, in order to preserve a claim or objection for appellate review, the defendant is required to raise a timely or contemporaneous claim or objection. See State v. Dibello, 780 P.2d 1221, 1226-27 (Utah 1989). Any objection must be timely and specific. See State v. Shickles, 760 P.2d 291, 301 (Utah 1988). Burdett failed to raise his claims at trial and has also failed to demonstrate plain error or exceptional circumstances. Furthermore, Burdett admitted to the elements of the offense when he acknowledged that he operated his vehicle on a public roadway at the time its registration was expired. Accordingly, Burdett's conviction is affirmed. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge 20070758-CA 2

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