State v. Kerr

Annotate this Case

Download PDF

IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. James Dale Kerr, Defendant and Appellant. ) MEMORANDUM DECISION ) (Not For Official Publication) ) Case No. 20070990-CA ) ) F I L E D ) (March 19, 2009) ) ) 2009 UT App 74 ) ----- Second District, Ogden Department, 061902981 The Honorable Michael D. Lyon Attorneys: Randall W. Richards, Ogden, for Appellant Mark L. Shurtleff and J. Frederic Voros Jr., Salt Lake City, for Appellee ----Before Judges Bench, Davis, and McHugh. PER CURIAM: Appellant James Dale Kerr appeals his sentence of one to fifteen years in prison for second-degree sexual abuse of a child. Kerr'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 demonstrates that the issue raised on appeal is frivolous. See 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. ______________________________ Russell W. Bench, Judge ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge 20070990-CA 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.