State v. Vollmer

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Jess Robert Vollmer, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20050540-CA F I L E D (April 6, 2006) 2006 UT App 139 ----Second District, Ogden Department, 051901886 The Honorable Pamela G. Heffernan Attorneys: Dee W. Smith, Ogden, for Appellant Mark Shurtleff and J. Frederic Voros Jr., Salt Lake City, for Appellee ----- Before Judges Davis, Orme, and Thorne. PER CURIAM: Jess Robert Vollmer appeals his sentence of one year in jail on his conviction of Domestic Violence Assault, a class A misdemeanor. Vollmer'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). Counsel states that the brief raises the issues that Vollmer wished to raise on appeal and that a copy of the proposed Anders brief was served on Vollmer. Based upon our independent examination of the record, we agree that the appeal is wholly frivolous; accordingly, we affirm the conviction and sentence, and grant counsel's motion to withdraw. ______________________________ James Z. Davis, Judge ______________________________ Gregory K. Orme, Judge ______________________________ William A. Thorne Jr., Judge 20050540-CA 2

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