State v. Garcia

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Jesse Rodriguez Garcia, Defendant and Appellant. ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20040610-CA F I L E D (September 22, 2005) 2005 UT App 406 ----Second District, Ogden Department, 011904390 The Honorable Parley R. Baldwin Attorneys: Sharon S. Sipes, Ogden, for Appellant ----- Before Judges Billings, McHugh, and Orme. PER CURIAM: Jesse Rodriguez Garcia appeals his conviction of child abuse, a class A misdemeanor in violation of Utah Code section 76-5-109(3)(a). See Utah Code Ann. § 76-5-109(3)(a) (2003). Garcia's counsel filed a brief pursuant to Anders v. California, 386 U.S. 783 (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). Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm Garcia's conviction and grant counsel's motion to withdraw. ______________________________ Judith M. Billings, Presiding Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge

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