Opinion
Case No. 20070990-CA.
Filed March 19, 2009. Not For Official Publication
Appeal from the Second District, Ogden Department, 061902981 The Honorable Michael D. Lyon.
Randall W. Richards, Ogden, for Appellant.
Mark L. Shurtleff and J. Frederic Voros Jr., Salt Lake City, for Appellee.
Before Judges Bench, Davis, and McHugh.
MEMORANDUM DECISION
Appellant James Dale Kerr appeals his sentence of one to fifteen years in prison for second-degree sexual abuse of a child.
Kerr'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 demonstrates that the issue raised on appeal is frivolous. See 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 request to withdraw.
Russell W. Bench, Judge, James Z. Davis, Judge, Carolyn B. McHugh, Judge.