Opinion
Case No. 20000062-CA.
Filed November 16, 2000. (Not For Official Publication)
Appeal from the Third District, Tooele Department, The Honorable Davis S. Young.
Julie George, Salt Lake City, for Appellant.
Before Judges Bench, Davis, and Thorne.
MEMORANDUM DECISION
Appellant Gilbert Arvizo appeals from his conviction of aggravated assault, a second degree felony. Appointed counsel filed a brief in accordance with Anders v. California, 386 U.S. 783, 87 S.Ct. 1396 (1967) and State v. Clayton, 639 P.2d 168 (Utah 1981). The brief satisfies the requirements of our case law and "objectively demonstrate[s] that the issues raised are frivolous." State v. Flores, 855 P.2d 258, 260 (Utah Ct.App. 1993) (per curiam); see also Dunn v. Cook, 791 P.2d 873, 877 (Utah 1990) (stating an Anders brief must demonstrate any "potentially meritorious" issues are actually frivolous). Counsel also certifies that she reviewed and briefed the grounds for appeal communicated to her by appellant. See State v. Wells, 2000 UT App 304, ¶ 10 (per curiam) (stating counsel must determine and brief any issues appellant seeks to raise prior to filing Anders brief with court).
Appellant has neither responded to, nor objected to, the Anders brief filed by counsel.
Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous and, accordingly, we affirm the conviction and grant counsel's request to withdraw.
Russell W. Bench, Judge, James Z. Davis, Judge, William A. Thorne, Jr., Judge.