Opinion
Case No. 20060363-CA.
Filed December 14, 2006. (Not For Official Publication).
Appeal from the Second District, Ogden Department, 051902675 The Honorable Michael D. Lyon.
Randall W. Richards, Ogden, for Appellant.
Before Judges GREENWOOD, DAVIS, and ORME.
MEMORANDUM DECISION
Appellant Caesar Rodriguez appeals his conviction and sentence for aggravated assault. Rodriguez's counsel filed a brief in accordance withAnders 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.
Pamela T. Greenwood, Associate Presiding Judge.
James Z. Davis, Judge.
Gregory K. Orme, Judge.