The Appellate Group

State v. Npimme

State v. Npimme, 2020 UT App 80 (per curiam)

Criminal

The defendant pleaded guilty, did not seek to withdraw his guilty plea, and was sentenced within the statutory range. On appeal, the Utah Court of Appeals informed the defendant that the case was being considered for summary disposition. The defendant argued that summary disposition was inappropriate and that the Court should allow the defendant time to file an Anders brief. The Utah Court of Appeals affirmed, holding:

  • A criminal defendant is not denied the constitutional right to appeal by a summary disposition procedure. Although Anders describes a procedure that may be used by appointed appellate counsel when faced with a frivolous appeal, Anders does not mandate allowing a case that is otherwise subject to summary disposition to go forward for the purpose of allowing counsel to file an Anders brief.

Read the full court opinion