State v. Hales

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Andrew J. Hales, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070898-CA F I L E D (August 21, 2008) 2008 UT App 309 ----Second District, Ogden Department, 061903917 The Honorable Parley R. Baldwin Attorneys: Dee W. Smith, Ogden, for Appellant ----- Before Judges Greenwood, Billings, and McHugh. PER CURIAM: Appellant Andrew J. Hales appeals his convictions and sentence for two counts of possession of a forged writing device and two counts of forgery. Hales'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 demonstate[s] that the issues raised are frivolous." State v. Flores, 855 P.2d 258, 260 (Utah Ct. App. 1993) (per curiam); see also Dunn v. Cook, 791 P.2d 873, 877 (Utah 1990) (stating that an Anders brief must demonstrate that any "potentially meritorious" issues are actually frivolous). Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the decision of the district court and grant counsel's request to withdraw. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ Carolyn B. McHugh, Judge

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