Opinion
No. 20090402-CA.
Filed February 19, 2010. Not For Official Publication
Appeal from the Second District, Ogden Department, 071901563 The Honorable Scott M. Hadley.
Randall W. Richards, Ogden, for Appellant.
Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee.
Before Judges Davis, McHugh, and Bench.
The Honorable Russell W. Bench, Senior Judge, sat by special assignment pursuant to Utah Code section 78A-3-102 (2008) and rule 11-201(6) of the Utah Rules of Judicial Administration.
MEMORANDUM DECISION
Appellant Brice Leonard Stott appeals from his conviction and sentence for sexual abuse of a child. Stott'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 that anAnders 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.
James Z. Davis, Presiding Judge, Carolyn B. McHugh, Associate Presiding Judge, Russell W. Bench, Senior Judge.