State of Utah, in the interest of A.P.
State of Utah, in the interest
a person under eighteen years of age.
State of Utah,
Petitioner and Appellee,
(Not For Official Publication)
Case No. 20010593-CA
F I L E D
March 7, 2002 2002 UT App 70 -----
Third District Juvenile,
Salt Lake Department
The Honorable Robert S. Yeates
John E. Laherty, Salt Lake City, for Appellant
Mark Shurtleff and John M. Peterson, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem -----
Before Judges Billings, Orme, and Thorne.
Appellant B.P. appeals the order terminating her parental rights. Appellant's appointed counsel filed an Anders-type brief pursuant to In re D.C., 963 P.2d 761 (Utah Ct. App. 1998). Counsel further certified that he has provided B.P. a copy of the proposed Anders-type brief and has incorporated into the brief all issues raised by Appellant. See id. at 765. Based upon our examination of the record of all proceedings in the juvenile court, we determine the appeal, as a whole, is frivolous.(1)
The trial court's termination
of parental rights is affirmed and Appellant's counsel's request to withdraw
Judith M. Billings,
Associate Presiding Judge
Gregory K. Orme, Judge
William A. Thorne Jr., Judge
1. Appellant raises arguably non-frivolous issues as to some, but not all, of the stated grounds for termination. However, because only one ground for termination must be established, and we conclude there is no non-frivolous issue as to the ground for termination under Utah Code Ann. § 78-3a-407(8)(Supp. 1996), the appeal is wholly frivolous. In other words, even if Appellant prevailed on some issues, she would still necessarily lose on appeal because the ground specified in Utah Code Ann. §78-3a-407(8) was clearly and convincingly established in the evidence.