Opinion
No. 20090498-CA.
January 27, 2011.
Appeal from the Fifth District, St. George Department, 081501442; The Honorable Eric A. Ludlow.
Douglas D. Terry, St. George, for Appellant.
Before Judges DAVIS, McHUGH, and THORNE.
DECISION
¶ 1 Appellant Patrick Robert Ramirez appeals his conviction and sentence. Ramirez's counsel filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and State v. Clayton, 639 P.2d 168 (Utah 1981). The brief "objectively demonstate[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 an Anders brief must demonstrate that any "potentially meritorious" issues are actually frivolous). Based upon our independent examination of the matter, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the district court's decision and grant Appellant's counsel's request to withdraw.