Opinion
Case No. 20050937-CA.
Filed December 22, 2005. (Not For Official Publication).
Appeal from the Fourth District, Provo Department, 041402172, The Honorable Samuel McVey.
Sheldon R. Carter, Provo, for Appellant.
Mark L. Shurtleff and Matthew D. Bates, Salt Lake City, for Appellee.
Before Judges Davis, McHugh, and Orme.
MEMORANDUM DECISION
Lester Chet Thomas appeals from his conviction of possession with intent to distribute. This is before the court on its own motion for summary disposition. Thomas did not respond to the motion.
In his docketing statement, Thomas identifies the issue on appeal as whether the trial court erred in denying his motion to suppress evidence. However, Thomas pleaded guilty unconditionally to the charge, thus waiving his right to challenge the denial of his motion. A guilty plea constitutes a waiver of the right to appeal all nonjurisdictional issues. See State v. Smith, 833 P.2d 371, 372 (Utah Ct.App. 1992). The general rule in criminal proceedings is that by pleading guilty, a defendant is deemed to have admitted all of the essential elements of the crime charged and thereby waives all nonjurisdictional defects, including alleged pre-plea constitutional violations. See State v. Parsons, 781 P.2d 1275, 1277 (Utah 1989).
Thomas's guilty plea extinguished his right to challenge the trial court's denial of his motion to suppress. No other issue has been identified. As a result, there is no substantial question for review warranting further consideration by this court.
Accordingly, Thomas's conviction is affirmed.
James Z. Davis, Judge, Carolyn B. McHugh, Judge, and Gregory K. Orme, Judge.