Opinion
Case No. 20060322-CA.
Filed September 14, 2006. (Not For Official Publication).
Appeal from the Fifth District, Cedar City Department, 051500589 The Honorable John J. Walton.
J. Bryan Jackson, Cedar City, for Appellant.
Mark L. Shurtleff and J. Frederic Voros Jr., Salt Lake City, for Appellee.
Before Judges Bench, Billings, and Thorne.
MEMORANDUM DECISION
Appellant Jason Grisham appeals his conviction and sentence for attempted forcible sexual abuse, a third degree felony. Grisham'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 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 and, accordingly, we affirm the decision of the district court and grant counsel's motion to withdraw.
Russell W. Bench, Presiding Judge, Judith M. Billings, Judge, and William A. Thorne Jr., Judge.