Opinion
No. 60646-8-I.
September 2, 2008.
Appeal from a judgment of the Superior Court for King County, No. 07-1-04380-9, Catherine D. Shaffer, J., entered August 27, 2007.
Daniel Paulson appeals from the judgment and sentence entered after his conviction for misdemeanor violation of a court order. Paulson's court-appointed attorney has filed a motion to withdraw on the ground that there is no basis for a good faith argument on review. Pursuant to State v. Theobald, 78 Wn.2d 184, 470 P.2d 188 (1970), and Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396 (1967), the motion to withdraw must:
[1] be accompanied by a brief referring to anything in the record that might arguably support the appeal. [2] A copy of counsel's brief should be furnished the indigent and [3] time allowed him to raise any points that he chooses; [4] the court "not counsel" then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous.
State v. Theobald, 78 Wn.2d at 185 (quoting Anders v. California, 386 U.S. at 744).
This procedure has been followed. Paulson's counsel on appeal filed a brief with the motion to withdraw. Paulson was served with a copy of the brief and informed of the right to file a statement of additional grounds for review. He did not file a statement of additional grounds.
The facts are accurately set forth in counsel's brief in support of the motion to withdraw. The court has reviewed the briefs filed in this court and has independently reviewed the entire record. The court specifically considered the following potential issue raised by counsel:
Did the State fail to present sufficient evidence to support the conviction?
The court also raised and considered the following potential issue:
Did the trial court abuse its discretion in denying Paulson's request for new counsel?
The potential issues are wholly frivolous. Counsel's motion to withdraw is granted and the appeal is dismissed.