State v. Leonard

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. James Leonard, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20060889-CA F I L E D (March 1, 2007) 2007 UT App 71 ----Eighth District, Vernal Department, 061800093 The Honorable A. Lynn Payne Attorneys: Bryan Sidwell, Manila, for Appellant Mark L. Shurtleff and J. Frederic Voros Jr., Salt Lake City, for Appellee ----- Before Judges Greenwood, Billings, and Davis. PER CURIAM: Appellant James Leonard appeals from his judgment of conviction and sentence. Appellant'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 "objectively demonstrate[s] that the issues raised are frivolous." State v. Flores, 855 P.2d 258, 260 (Utah Ct. App. 1993) (per curiam). Counsel also certifies that he reviewed and briefed the grounds for appeal that Appellant requested be raised. See State v. Wells, 2000 UT App 304,ΒΆ10, 13 P.3d 1056 (per curiam) (stating counsel must determine and brief any issues appellant seeks to raise prior to filing Anders brief with the court and disapproving simultaneous filing and service on appellant). Appellant has not objected to the Anders brief filed by counsel. Based upon our independent examination of the record, we determine that the appeal is wholly frivolous. Accordingly, we affirm the conviction and grant counsel's motion to withdraw. ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ James Z. Davis, Judge 20060889-CA 2

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