State v. Chavez

State v. Chavez

IN THE UTAH COURT OF APPEALS
 

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State of Utah,

Plaintiff and Appellee,

v.

Lloyd Chavez,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040269-CA
 

F I L E D
(January 21, 2005)
 

2005 UT App 27

 

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Fifth District, Cedar City Department

The Honorable G. Michael Westfall

Attorneys: Randall C. Allen, Cedar City, for Appellant

Mark L. Shurtleff and Karen A. Klucznik, Salt Lake City, for Appellee

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Before Judges Davis, Jackson, and Orme.

PER CURIAM:

    Defendant Lloyd Chavez appeals his sentence of "zero to five years" in the Utah State Prison after entry of a no contest plea to one count of Damaging a Jail, in violation of Utah Code section § 76-8-418, a third degree felony. See Utah Code Ann. § 76-8-418 (2003).

    Counsel for Chavez asserts that no nonfrivolous issues exist. See Anders v. California, 386 U.S. 738, 744 (1967); State v. Clayton, 639 P.2d 168, 169-170 (Utah 1981).

    Chavez asserts that the trial court abused its discretion when it imposed the sentence. Having independently examined the issue, we conclude that Chavez's argument is frivolous.

    Therefore, we grant counsel's request to withdraw and affirm the sentence imposed by the district court.

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James Z. Davis, Judge

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Norman H. Jackson, Judge

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Gregory K. Orme, Judge