State v. Harmon

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Harold Eugene Harmon, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20060027-CA F I L E D (July 7, 2006) 2006 UT App 285 ----Second District, Ogden Department, 051901670 The Honorable Ernest W. Jones Attorneys: Randall W. Richards, Ogden, for Appellant ----- Before Judges Billings, McHugh, and Orme. PER CURIAM: Harold Eugene Harmon appeals from the trial court's denial of his motion to withdraw his guilty plea. Harmon's counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Clayton, 639 P.2d 168 (Utah 1981). The brief establishes that the issues raised are frivolous. See Dunn v. Cook, 791 P.2d 873, 878 (Utah 1990) (noting that counsel must "objectively demonstrate" issues are frivolous). Counsel also noted that he provided the brief to Harmon, gave him the opportunity to raise additional issues, and included the additional issues in the brief. Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the denial of Harmon's motion to withdraw his plea and we grant counsel's request to withdraw. ______________________________ Judith M. Billings, Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge

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