Opinion
Case No. 20050561-CA.
Filed February 24, 2006. (Not For Official Publication).
Appeal from the Fifth District, Cedar City Department, 041500605, The Honorable J. Philip Eves.
J. Bryan Jackson, Cedar City, for Appellant.
Mark L. Shurtleff and Joanne C. Slotnik, Salt Lake City, for Appellee.
Before Judges Billings, Davis, and Thorne.
MEMORANDUM DECISION
Thomas Myron Crowe appeals from his conviction of cultivation of marijuana, a third degree felony. Crowe'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 Crowe, and provided Crowe the opportunity to raise additional issues for briefing. Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous. Accordingly, we affirm the conviction and grant counsel's request to withdraw.
Judith M. Billings, Judge, James Z. Davis, Judge, and William A. Thorne Jr., Judge.