Opinion
Case No. 20060027-CA.
Filed July 7, 2006. (Not For Official Publication).
Appeal from the Second District, Ogden Department, 051901670 The Honorable Ernest W. Jones.
Randall W. Richards, Ogden, for Appellant.
Before Judges Billings, McHugh, and Orme.
MEMORANDUM DECISION
Harold Eugene Harmon appeals from the trial court's denial of his motion to withdraw his guilty plea. Harmon'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 that counsel must "objectively demonstrate" issues are frivolous). Counsel also noted that he provided the brief to Harmon, gave him the opportunity to raise additional issues, and included the additional issues in the brief. Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the denial of Harmon's motion to withdraw his plea and we grant counsel's request to withdraw.
Judith M. Billings, Judge, Carolyn B. McHugh, Judge, Gregory K. Orme, Judge.