State v. Aniton

¶1Melvin Aniton appeals from a judgment of conviction for possession of a controlled substance, cocaine, with intent to deliver. See §§ 161.16(2)(b)l and 161.41(l)(c)4, Stats. Aniton argues that his conviction must be reversed, and the complaint dismissed with prejudice, because he did not make an initial appearance and receive a finding of probable cause within forty-eight hours of being taken into custody after a warrantless arrest. Because Aniton pled guilty, we conclude that he waived his right to appellate review of these nonjurisdictional defects and we affirm his conviction.

¶2The police arrested Aniton without warrant on February 1, 1992, at the General Mitchell International Airport in Milwaukee with 250 grams of cocaine in his possession. The State filed a criminal complaint on February 4th. Aniton appeared personally and with counsel before Court Commissioner Harry Halloway1 on February 6, and moved to dismiss for lack of jurisdiction. Commissioner Halloway denied Aniton's motion. On February 12, Aniton appeared before Commissioner Thomas Cooper, waived his right to a preliminary hearing, pled not guilty, and upon a finding of probable cause, was bound over for trial. Aniton subsequently entered a guilty plea on March 11 and, on May 21, was sentenced to ten years imprisonment.

¶3*128Aniton argues that the State failed to secure his initial appearance "within a reasonable time," as required by § 970.01(1), STATS.2 Aniton also argues, and the State concedes, that he did not have the benefit of a judicial finding of probable cause within forty-eight hours of his warrantless arrest, as required by County of Riverside v. McLaughlin, 500 U.S. 44, — , 111 S. Ct. 1661, 1669-71 (1991).3 Aniton contends that these two defects violated his constitutional rights and caused the circuit court to lose subject-matter jurisdiction. Aniton asserts that these defects required dismissal of the complaint with prejudice. We conclude that Aniton's guilty plea waived his right to challenge the alleged violation of § 970.01(1), Stats., and the conceded violation of Riverside's forty-eight hour rule.4

¶4*129A guilty plea, made knowingly and voluntarily, waives all nonjurisdictional defects and defenses, including alleged violations of constitutional rights prior to the plea. Mack v. State, 93 Wis. 2d 287, 293, 286 N.W.2d 563, 566 (1980). Thus, Aniton has waived any constitutional defects of which he complains. In contrast, the circuit court's subject-matter jurisdiction is derived from law, is not waivable and may be raised despite a guilty plea. Id.Therefore, if any of Aniton's alleged errors affected the trial court's jurisdiction over the subject matter, as Aniton asserts they do, his guilty plea would not affect his right to review of those issues.

¶5Criminal subject-matter jurisdiction is the "power of the court to inquire into the charged crime, to apply the applicable law and to declare the punishment." Id. at 294, 286 N.W.2d at 566. The circuit court's subject-matter jurisdiction attaches when the complaint is filed. See State v. Estrada, 63 Wis. 2d 476, 492, 217 N.W.2d 359, 367, cert. denied, 419 U.S. 1093 (1974). The circuit court lacks criminal subject-matter jurisdiction only where the complaint does not charge an offense known to law. See Mack, 93 Wis. 2d at 295, 286 N.W.2d at 567. Once criminal subject-matter jurisdiction attaches, it continues until a final disposition of *130the case. See State v. Asfoor, 75 Wis. 2d 411, 424, 249 N.W.2d 529, 534 (1977).

¶6The law is clear on the issue of criminal subject-matter jurisdiction. Aniton does not allege that the complaint failed to charge an offense. Aniton has failed to show how either of his alleged violations in any way prevented the trial court from obtaining criminal subject-matter jurisdiction or from retaining criminal subject-matter jurisdiction once it had attached with the filing of the complaint.5 Because Aniton's claims do not raise jurisdictional issues, we conclude that he waived review of these issues by entering his guilty plea. Although this court possesses discretion to review nonjurisdictional errors, see Mack, 93 Wis. 2d at 296-97, 286 N.W.2d at 567, we decline to do so in this case.

¶7By the Court. — Judgment affirmed.