Opinion
Case No. 20060612-CA.
Filed: January 25, 2007. (Not For Official Publication).
Appeal from the Second District, Ogden Department, 051905288. The Honorable Ernest W. Jones.
Dee W. Smith, Ogden, for Appellant.
Before Judges GREENWOOD, BILLINGS, and ORME.
MEMORANDUM DECISION
Appellant Jerad Lee Dominguez appeals his conviction and sentence for possession of a controlled substance. Dominguez's counsel filed a brief in accordance with Anders v. California, 386 U.S. 783 (1967), andState 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 that an Anders brief must demonstrate that any "potentially meritorious" issues are actually frivolous). Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the decision of the district court and grant counsel's motion to withdraw.
Pamela T. Greenwood, Associate Presiding Judge
Judith M. Billings, Judge
Gregory K. Orme, Judge