State v. Bucio-Alvarez

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Ruben Bucio-Alvarez, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20050186-CA F I L E D (January 10, 2008) 2008 UT App 13 ----Second District, Ogden Department, 041904198 The Honorable Michael D. Lyon Attorneys: Dee W. Smith, Ogden, for Appellant ----- Before Judges Thorne, McHugh, and Orme. PER CURIAM: Ruben Bucio-Alvarez appeals his sentence after pleading guilty to rape of a child. See Utah Code Ann. § 76-5-402.1 (2003). Bucio-Alvarez's counsel filed a brief pursuant to 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). Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm Bucio-Alvarez's sentence and grant counsel's motion to withdraw. ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge

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