Opinion
Case No. 20050327-CA.
Filed March 2, 2006. (Not For Official Publication).
Appeal from the Fifth District, Cedar City Department, 041500310, 041500499 The Honorable J. Philip Eves
J. Bryan Jackson, Cedar City, for Appellant
Mark L. Shurtleff and Jeanne B. Inouye, Salt Lake City, for Appellee
Before Judges Billings, Davis, and Thorne.
MEMORANDUM DECISION
Edward Walwin Childers appeals from his convictions and sentences based on his guilty pleas to two drug-related charges, both felonies. Childers'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, discussed the brief with Childers, and provided Childers the opportunity to raise additional issues and included them in the brief. Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the convictions and sentences and grant counsel's request to withdraw.
Judith M. Billings, Judge, James Z. Davis, Judge, and William A. Thorne Jr., Judge.