STATE v. PATRICK, 2003 UT App 165

Case No. 20020247-CA.Utah Court of Appeals.
Filed May 22, 2003. (Not For Official Publication)

Appeal from the First District, Logan Department, The Honorable Clint S. Judkins.

Barbara King Lachmar, Logan, for Appellant.

Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee.

Before Judges Davis, Orme, and Thorne.

MEMORANDUM DECISION
PER CURIAM:

Appellant David Lee Patrick appeals his conviction of Possessing a Prohibited Item in a Correctional Facility, a second degree felony. Appellant’s counsel filed a brief in accordance with Anders v.California, 386 U.S. 783, 87 S.Ct. 1396 (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); see also Dunn v. Cook, 791 P.2d 873, 877
(Utah 1990) (stating an Anders brief must demonstrate any “potentially meritorious” issues are actually frivolous). Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous and, accordingly, we affirm the conviction and grant counsel’s motion to withdraw.

James Z. Davis, Judge, Gregory K. Orme, Judge, and William A. Thorne Jr., Judge, concur.