State v. Helton

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Jaden Helton, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20060079-CA F I L E D (July 13, 2006) 2006 UT App 297 ----Second District, Ogden Department, 031904530 The Honorable Scott M. Hadley Attorneys: Randall W. Richards, Ogden, for Appellant ----- Before Judges Billings, McHugh, and Orme. PER CURIAM: Defendant Jaden Helton appeals his sentence of zero to five years in the Utah State Prison. Helton entered a guilty plea to one count of driving under the influence, a third degree felony. See Utah Code Ann. ยงยง 41-6a-502, -503 (2005). On May 9, 2005, Helton was sentenced to an indeterminate term of zero to five years. The prison term was suspended and Helton was placed on probation. On November 29, 2005, Helton admitted to violating the terms of his probation. Based on the probation violation, Helton was subsequently ordered to serve the original indeterminate sentence. Counsel for Helton 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). Helton asserts that the trial court abused its discretion when it ordered Helton to serve the original sentence. Having independently examined the issue, we conclude that Helton's argument is frivolous. Therefore, we grant counsel's request to withdraw and affirm the sentence imposed by the district court. ______________________________ Judith M. Billings, Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge 20060079-CA 2

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