(dissenting). At the present time, *543there is a substantial split of authority within the Court of Appeals on the issue whether a defendant who enters an unconditional plea of guilty relinquishes his or her constitutional and statutory rights to a speedy trial. Panels of this Court in People v Parshay, 104 Mich App 411; 304 NW2d 593 (1981), lv den 411 Mich 1081 (1981), People v Williams, 145 Mich App 614, 617; 378 NW2d 769 (1985), and People v Rivera, 164 Mich App 670; 417 NW2d 569 (1987), have held that a guilty plea constitutes such a waiver of constitutional rights. Waiver of the statutory right to a speedy trial is less clear in these decisions.
Panels in People v Davis, 123 Mich App 553, 558-559; 332 NW2d 606 (1983), People v Farmer, 127 Mich App 472; 339 NW2d 218 (1983), People v Wolak, 153 Mich App 60; 395 NW2d 240 (1986), People v Leroy, 157 Mich App 334; 403 NW2d 555 (1987), and People v Sickles, 162 Mich App 344, 350-351; 412 NW2d 734 (1987), have concluded that constitutional or statutory speedy trial rights are not waived or relinquished by a guilty plea.
The panels of this Court which have held that the "180-day rule” is a viable defense despite an unconditional guilty plea base their decisions on "jurisdictional” grounds. They note that the statute, MCL 780.131; MSA 28.969(1), provides that a violation of the speedy trial rule divests the court of "jurisdiction” and untried warrants, indictments, and informations or complaints shall "be without any further force or effect.” Although never specified, it is assumed that these panels construe the term "jurisdiction” to mean subject-matter jurisdiction rather than personal jurisdiction.
Jurisdiction involves the two different concepts of subject-matter jurisdiction and personal jurisdiction. Subject-matter jurisdiction encompasses those *544matters upon which the court has power to act. Personal jurisdiction deals with the authority of the court to bind the parties to the action. Subject-matter jurisdiction is never waivable nor may it be stipulated to by the parties. Personal jurisdiction, however, is always waivable and defects may be corrected by stipulation.
The Supreme Court in People v Phillips, 383 Mich 464, 469-470; 175 NW2d 740 (1970), examined the distinction between subject-matter and personal jurisdiction and held that a criminal defendant may waive personal jurisdiction defenses:
The jurisdiction of the court over the subject matter is not here questioned. We are concerned only with the validity of the procedure whereby that court sought to exercise its jurisdiction over the person of the accused.
Jurisdiction over the subject matter, of course, could not be conferred by consent or waiver, but no reason appears why an accused could not subject himself to the court’s personal jurisdiction. The procedural safeguards spelling out the method whereby a court obtains jurisdiction over the person of an accused are all designed for his protection. If he elects not to avail himself of the established procedural rights there appears to be none who should be heard to complain.
Later, in People v New, 427 Mich 482, 487-488; 398 NW2d 358 (1986), the Michigan Supreme Court looked to federal precedent to determine the scope of constitutional rights relinquished by a plea of guilty. After analyzing the guilty plea trilogy of Brady v United States, 397 US 742; 90 S Ct 1463; 25 L Ed 2d 747 (1970), McMann v Richardson, 397 US 759; 90 S Ct 1441; 25 L Ed 2d 763 (1970), and Parker v North Carolina, 397 US 790; 90 S Ct 1458; 25 L Ed 2d 785 (1970), and the later *545cases of Tollett v Henderson, 411 US 258; 93 S Ct 1602; 36 L Ed 2d 235 (1973), and Menna v New York, 423 US 61; 96 S Ct 241; 46 L Ed 2d 195 (1975), the Michigan Supreme Court cited with approval the following passage from Menna, pp 62-63, n 2:
Neither Tollett v Henderson, 411 US 258 (1973), nor our earlier cases on which it relied, e.g., Brady v United States, 397 US 742 (1970), and McMann v Richardson, 397 US 759 (1970), stand for the proposition that counseled guilty pleas inevitably "waive” all antecedent constitutional violations. If they did so hold, the New York Court of Appeals might be correct. However, in Tollett we emphasized that waiver was not the basic ingredient of this line of cases, 411 US 266. The point of these cases is that a counseled plea of guilty is an admission of factual guilt so reliable that, where voluntary and intelligent, it quite validly removes the issue of factual guilt from the case. In most cases, factual guilt is a sufficient basis for the State’s imposition of punishment. A guilty plea, therefore, simply renders irrelevant those constitutional violations not logically inconsistent with the valid establishment of factual guilt and which do not stand in the way of conviction, if factual guilt is validly established. Here, however, the claim is that the State may not convict petitioner no matter how validly his factual guilt is established. The guilty plea, therefore, does not bar the claim. [Emphasis added.]
The Federal Courts of Appeal have employed the Menna analysis to hold that speedy trial rights do not survive a guilty plea since the purpose of speedy trial rights is to guarantee that factual guilt is validly established. As the Seventh Circuit Court of Appeals stated in United States v Gaertner, 583 F2d 308, 311 (CA 7, 1978), cert den 440 US 918; 99 S Ct 1238; 59 L Ed 2d 469 (1979):
*546We believe Gaertner’s speedy trial claim, whether based upon the Sixth Amendment or the Due Process Clause of the Fifth Amendment, is not open for our review after pleas of guilty. The purpose of a prompt trial is to guarantee that the accused’s right to a fair trial is not substantially prejudiced by pre-trial delay, or, put another way, to lend assurance that factual guilt is validly established. Speedy trial violations preclude the establishment of guilt by trial, but a finding of guilt by a proper plea remains a viable option. Simply, the establishment of guilt is not logically inconsistent with speedy trial violations, and does not prevent the government from invoking the criminal process, so long as there is no trial. [Emphasis added.]
The Ninth Circuit Court of Appeals in United States v O’Donnell, 539 F2d 1233, 1236-1237 (CA 9, 1976), has also ruled in accord:
"A guilty plea, therefore, simply renders irrelevant those constitutional violations not logically inconsistent with the valid establishment of factual guilt and which do not stand in the way of conviction, if factual guilt is validly established.” [Menna, supra.]
The appellant in the instant case argues that the rights guaranteed by the Due Process Clause of the Fifth Amendment and by the right to a speedy trial of the Sixth Amendment are analogous to the rights protected by the Double Jeopardy Clause of the Fifth Amendment. He therefore contends that his guilty plea did not waive these violations. We disagree.
The protections afforded by the Fifth and Sixth Amendments are different. Their purpose is to insure that factual guilt is validly established. That is, their purpose is to guarantee that the accused’s right to a fair trial is not substantially prejudiced by either pro [sic]- or post-accusation *547delays. The existence of such violations is consistent with guilt as a matter of fact. If guilt can be validly established such violations are not logically inconsistent therewith. While such violations preclude the establishment of guilt by trial, that is the extent of their reach. The establishment of guilt by a proper plea is not condemned by these protections. The Constitution protects the accused from conviction by trial but not a conviction by way of a plea of guilty. Tollett and the Brady trilogy control here. Menna is inapplicable. [Emphasis added.]
In State v Anderson, 417 NW2d 403 (SD, 1988), the South Dakota Supreme Court addressed the defendant’s argument that his statutory right to a speedy trial was not relinquished by his plea of guilty. In rejecting the defendant’s challenge, the South Dakota Supreme Court agreed with the weight of authority from other jurisdictions which holds that statutory rights to a speedy trial are waived or relinquished by a plea of guilty:
Anderson has asserted no violation of his constitutional rights to a speedy trial. He argues solely a technical noncompliance with the 180-day rule, a now codified speedy trial requirement created by Supreme Court rule. He claims no prejudice.
It is settled law that a voluntary and intelligent plea of guilty waives a defendant’s right to appeal all nonjurisdictional defects in the prior proceedings. State v Schulz, 409 NW2d 655 (SD, 1987); State v Cowley, 408 NW2d 758 (SD, 1987); State v Grosh, 387 NW2d 503 (SD, 1986); State v Janssen, 371 NW2d 353 (SD, 1985).
We hold that noncompliance with the 180-day rule is a nonjurisdictional defect. We agree with the numerous jurisdictions holding that a defendant’s plea of guilty waives his claimed statutory right to dismissal under the speedy trial rule. German v State, 492 So 2d 622 (Ala Crim App, *5481985); People v Ervin, 125 AD2d 406; 509 NYS2d 124 (1986); People v Kay, 119 AD2d 834; 501 NYS2d 460 (1986); People v Madsen, 707 P2d 344 (Colo, 1985); Gosnell v State, 439 NE2d 1153 (Ind, 1982); People v Iversen, 82 AD2d 895; 440 NYS2d 286 (1981); People v King, 83 AD2d 674; 442 NYS2d 227 (1981); People v Juhans, 126 Misc 2d 868; 484 NYS2d 432 (1984); People v C’Allah, 100 AD2d 754; 474 NYS2d 305 (1984); People v Harris, 103 AD2d 891; 478 NYS2d 188 (1984); Wright v State, 496 NE2d 60 (Ind, 1986); People v Hickman, 129 AD2d 836; 513 NYS2d 849 (1987).
Therefore Anderson, by pleading guilty, waived any objection he might otherwise have claimed under the 180-day rule. [Anderson, p 405.]
Although the Michigan statute, unlike the South Dakota rule, refers to "jurisdiction,” I believe that the "jurisdiction” to which the statute refers is personal jurisdiction, not subject-matter jurisdiction. The time limitations in the statute are analogous to the time limits for a civil summons and complaint. The untimely issuance or service of a civil complaint does not divest the court of subject-matter jurisdiction, but only of jurisdiction over the person. Such defects are waivable and do not divest the court of its authority to act. Cf. People v Phillips, supra. Also see People v Johnson, (opinion of Boyle, J.) 427 Mich 98, 106-107; 398 NW2d 219 (1986).
The following language from the holding of People v New, supra, implies that speedy trial rights are relinquished by a plea of guilty:
On the other hand, where the defense or right asserted by defendant relates solely to the capacity of the state to prove defendant’s factual guilt, it is subsumed by defendant’s guilty plea. [People v New, supra at 491.]
As previously stated in United States v Gaertner *549and United States v O’Donnell, the purpose of speedy trial rights (both constitutional and statutory) is to assure that factual guilt is validly established.
In my view, the policy considerations advanced by the Supreme Court in People v New are better served by holding that an unconditional plea of guilty relinquishes all personal jurisdiction defects including the constitutional and statutory guarantees to a speedy trial. In addition, the anomaly of relinquishment of constitutional but not statutory rights is avoided.
Accordingly, I respectfully dissent and would affirm.1
In arguing that her conviction should be reversed, defendant relies upon People v Hill, 402 Mich 272; 262 NW2d 641 (1978), and People v England, 177 Mich App 279; 441 NW2d 95 (1989). The Supreme Court, however, has superseded these decisions by enacting MCR 6.004(D) (effective October 1, 1989). In view of my resolution of the preceding issue, I have chosen not to address the issue whether the policy of the newly enacted court rule should be retroactively applied.