IN THE UTAH COURT OF APPEALS
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State of Utah,
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MEMORANDUM DECISION
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(Not For Official Publication)
Plaintiff and Appellee,
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Case No. 20050688-CA
v.
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F I L E D
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(May 11, 2006)
Rufus Johnny Valenzuela,
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2006 UT App 193
Defendant and Appellant.
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Fifth District, Cedar City Department, 051500259
The Honorable J. Philip Eves
Attorneys:
J. Bryan Jackson, Cedar City, for Appellant
Mark L. Shurtleff and Karen A. Klucznik, Salt Lake
City, for Appellee
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Before Judges Davis, McHugh, and Orme.
PER CURIAM:
Defendant Rufus Johnny Valenzuela appeals his sentence after
entry of a guilty plea to one count of possession or use of
methamphetamine, a third degree felony, see Utah Code Ann. 58-
37-8(2)(a)(i) (Supp. 2005), and possession or use of marijuana, a
class B misdemeanor, see id. 58-37-8(2)(b)(iii). Valenzuela
was sentenced to a term of zero to five years for the felony
count and a term not to exceed six months for the misdemeanor, to
run concurrently.
Counsel for Valenzuela asserts that no nonfrivolous issues
exist. See Anders v. California, 386 U.S. 738, 744 (1967); State
v. Clayton, 639 P.2d 168, 169-170 (Utah 1981).
Valenzuela asserts that he should be allowed to withdraw his
guilty plea and that the trial court abused its discretion when
it imposed the sentence. Having independently examined the
issues, we conclude that Valenzuela's arguments are frivolous. A
third degree felony carries a sentence "not to exceed five
years." Utah Code Ann. 76-3-203(3) (2003). Valenzuela pleaded

guilty to a third degree felony. The sentence imposed was
precisely within the range provided by section 76-3-203. See id.
Therefore, we affirm the sentence imposed by the district
court.
______________________________
James Z. Davis, Judge
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Carolyn B. McHugh, Judge
______________________________
Gregory K. Orme, Judge
20050688-CA
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