State of Utah v. Sovey

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State of Utah,
Plaintiff and Appellee,

v.

David S. Sovey,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990003-CA

F I L E D
February 25, 2000
  2000 UT App 51 -----

Fifth District, St. George Department
The Honorable James L. Shumate

Attorneys:
Kenneth L. Combs, St. George, for Appellant
Jan Graham and Joanne Slotnik, Salt Lake City, for Appellee

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Before Judges Bench, Davis, and Orme.

PER CURIAM:

David Sovey appeals his conviction and sentence of Unlawful Sexual Intercourse, a third degree felony.

Appellant's appointed counsel filed a brief in accordance with Anders v. California, 386 U.S. 738, 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 demonstrates "that the potentially meritorious issues raised are frivolous." Dunn v. Cook, 791 P.2d 873, 877 (Utah 1990). Based upon our independent examination of the record, we determine that the appeal is wholly frivolous and, accordingly, affirm the conviction and sentence and grant counsel's request to withdraw.
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 

______________________________
James Z. Davis, Judge
 
 
 

______________________________
Gregory K. Orme, Judge