State of Utah v. Martinez

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State of Utah,
Plaintiff and Appellee,

v.

Arthur Ray Martinez,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010581-CA

F I L E D
March 7, 2002 2002 UT App 71 -----

Second District, Ogden Department
The Honorable Roger S. Dutson

Attorneys:
Maurice Richards and Jerald Engstrom, Ogden, for Appellant
Mark Shurtleff and Brett J. DelPorto, Salt Lake City, for Appellee

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Before Judges Billings, Orme, and Thorne.

PER CURIAM:

Appellant appeals his Conviction, Judgment and Sentence for two counts of Aggravated Sexual Assault, in violation of Utah Code Ann. § 76-5-405(Supp. 1999), and one count of sodomy on a child, in violation of Utah Code Ann. § 76-5-403.1(Supp. 1999). Appellant's appointed counsel filed an Anders-type brief pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct 1396 (1967) (adopted in Utah by) State v. Clayton, 639 P.2d 168 (Utah 1981). The brief satisfies the requirements of this court's opinion in that case. Counsel further certified that he had provided Appellant a copy of the proposed Anders-type brief and has incorporated into the brief all issues raised by Appellant. See State v. Wells, 2000 UT App 304,¶¶8-10, 13 P.3d 1056. Based on our examination of the record and all proceedings in the trial court, we determine the appeal is wholly frivolous.

Accordingly, we affirm the trial court's conviction and sentence and grant counsel's motion to withdraw.
 

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Judith M. Billings,
Associate Presiding Judge
 

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Gregory K. Orme, Judge
 

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William A. Thorne, Jr., Judge