Opinion
Case No. 20040822-CA.
Filed September 1, 2005. (Not For Official Publication).
Appeal from the Second District, Ogden Department, 041902232, The Honorable Parley R. Baldwin.
Dee W. Smith, Ogden, for Appellant.
Mark L. Shurtleff and Karen A. Klucznik, Salt Lake City, for Appellee.
Before Judges Billings, Bench, and McHugh.
MEMORANDUM DECISION
Appellant Bruce Earl Cragun appeals his sentence for three counts of obtaining a prescription under false pretenses, third degree felonies. Cragun's counsel filed a brief in accordance with Anders v. California, 386 U.S. 783 (1967) and State v. Clayton, 639 P.2d 168 (Utah 1981). The brief "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). Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous and, accordingly, we affirm the decision of the district court and grant counsel's motion to withdraw.
Judith M. Billings, Presiding Judge, Russell W. Bench, Associate Presiding Judge, Carolyn B. McHugh, Judge, concur.