State v. Pope

IN THE UTAH COURT OF APPEALS

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State of Utah,

Plaintiff and Appellee,

v.

Anthony Azra Pope,

Defendant and Appellant.

MEMORANDUM DECISION

(Not For Official Publication)
 

Case No. 20020365-CA
 

F I L E D

(February 20, 2004)
 

2004 UT App 32

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Eighth District, Roosevelt Department

The Honorable A. Lynn Payne

Attorneys: Stephanie Ames, Salt Lake City, for Appellant

Mark L. Shurtleff and Joanne C. Slotnik, Salt Lake City, for Appellee

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Before Judges Billings, Greenwood, and Orme.

PER CURIAM:

Appellant Anthony Azra Pope appeals from his conviction of Possession of a Dangerous Weapon by a Restricted Person, a second degree felony, and Criminal Mischief, a third degree felony. Appellant's 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 "objectively demonstrate[s] that the issues raised are frivolous." State v. Flores, 855 P.2d 258, 260 (Utah Ct. App. 1993) (per curiam). Counsel also certifies that she reviewed and briefed the grounds for appeal that Appellant requested to be raised. 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 the court and disapproving simultaneous filing and service on appellant).(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 motion to withdraw.

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Judith M. Billings,

Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge

1. Appellant has neither responded, nor objected, to the Anders brief filed by counsel.