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Ogden City v. Ward

Utah Court of Appeals
Mar 17, 2005
2005 UT App. 127 (Utah Ct. App. 2005)

Opinion

Case No. 20041004-CA.

Filed March 17, 2005. (Not For Official Publication).

Appeal from the Second District, Ogden Department, The Honorable Ernest W. Jones.

William A. Ward, Ogden, Appellant Pro Se.

Before Judges Greenwood, Jackson, and Thorne.


MEMORANDUM DECISION


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.

Pamela T. Greenwood, Judge, Norman H. Jackson, Judge, William A. Thorne Jr., Judge.


Summaries of

Ogden City v. Ward

Utah Court of Appeals
Mar 17, 2005
2005 UT App. 127 (Utah Ct. App. 2005)
Case details for

Ogden City v. Ward

Case Details

Full title:Ogden City, Plaintiff and Appellee, v. William A. Ward, Defendant and…

Court:Utah Court of Appeals

Date published: Mar 17, 2005

Citations

2005 UT App. 127 (Utah Ct. App. 2005)