D. G. v. State of Utah (In re D.G.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of D.G., a person under eighteen years of age. ______________________________ D.G., Plaintiff and Appellee, v. State of Utah, Defendant and Appellant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20040632-CA F I L E D (September 22, 2005) 2005 UT App 404 ----Seventh District Juvenile, Price Department, 854682 The Honorable Scott N. Johansen Attorneys: Samuel S. Bailey and Don Torgerson, Price, for Appellant Mark L. Shurtleff and Jeanne B. Inouye, Salt Lake City, for Appellee ----- Before Judges Billings, McHugh, and Orme. PER CURIAM: Appellant D.G. appeals from his conviction and sentence for possession of a controlled substance. D.G.'s counsel filed a brief in accordance with 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); see also Dunn v. Cook, 791 P.2d 873, 877 (Utah 1990) (stating an Anders brief must demonstrate any "potentially meritorious" issues are actually frivolous). Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the decision of the district court and grant counsel's motion to withdraw. ______________________________ Judith M. Billings, Presiding Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge 20040632-CA 2

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