Opinion
Case No. 20050647-CA.
Filed October 5, 2006. (Not For Official Publication).
Appeal from the Third District, Salt Lake Department, 011911361 The Honorable Leslie A. Lewis.
Ronald Fujino, Salt Lake City, for Appellant.
Before Judges Greenwood, Billings, and Davis.
MEMORANDUM DECISION
Gene Vincent Wood appeals from the trial court's order revoking his probation and executing the previously imposed prison sentence. Wood's counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Clayton, 639 P.2d 168 (Utah 1981). The brief establishes that the issues raised are frivolous. See Dunn v. Cook, 791 P.2d 873, 878 (Utah 1990) (noting counsel must "objectively demonstrate" issues are frivolous). Counsel also certifies that he reviewed the record, provided the brief to Wood, and raised additional issues identified by Wood. Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the trial court's order and grant counsel's request to withdraw.
Pamela T. Greenwood, Associate Presiding Judge Judith M. Billings, Judge, James Z. Davis, Judge, concur.