State v. Wood

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, ) ) ) ) ) ) ) ) ) Plaintiff and Appellee, v. Gene Vincent Wood, Defendant and Appellant. MEMORANDUM DECISION (Not For Official Publication) Case No. 20050647-CA F I L E D (October 5, 2006) 2006 UT App 408 ----Third District, Salt Lake Department, 011911361 The Honorable Leslie A. Lewis Attorneys: Ronald Fujino, Salt Lake City, for Appellant ----- Before Judges Greenwood, Billings, and Davis. PER CURIAM: Gene Vincent Wood appeals from the trial court's order revoking his probation and executing the previously imposed prison sentence. Wood'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 counsel must "objectively demonstrate" issues are frivolous). Counsel also certifies that he reviewed the record, provided the brief to Wood, and raised additional issues identified by Wood. Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the trial court's order and grant counsel's request to withdraw. ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ James Z. Davis, Judge

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