State of Utah v. Arvizo
State of Utah,
Plaintiff and Appellee,
Defendant and Appellant.
(Not For Official Publication)
Case No. 20000062-CA
F I L E D
November 16, 2000 2000 UT App 325 -----
Third District, Tooele Department
The Honorable Davis S. Young
Julie George, Salt Lake City, for Appellant
Before Judges Bench, Davis, and Thorne.
Appellant Gilbert Arvizo appeals from his conviction of aggravated assault, a second degree felony. Appointed counsel filed a brief in accordance with Anders v. California, 386 U.S. 783, 87 S. Ct. 1396 (1967) and State v. Clayton, 639 P.2d 168 (Utah 1981). The brief satisfies the requirements of our case law and "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). Counsel also certifies that she reviewed and briefed the grounds for appeal communicated to her by appellant. See State v. Wells, 2000 UT App 304,¶10 (per curiam) (stating counsel must determine and brief any issues appellant seeks to raise prior to filing Anders brief with court).(1)
Based upon our independent
examination of the record, we determine that the appeal is, indeed, wholly
frivolous and, accordingly, we affirm the conviction and grant counsel's
request to withdraw.
Russell W. Bench, Judge
James Z. Davis, Judge
William A. Thorne, Jr., Judge