Opinion
No. 59541-5-I.
December 24, 2007.
Appeal from a judgment of the Superior Court for King County, No. 06-1-07409-9, William L. Downing, J., entered January 19, 2007.
Dismissed by unpublished per curiam opinion.
Brandon Caldwell appeals from the judgment and sentence entered following his convictions for delivery of an uncontrolled substance in lieu of cocaine of and possession of cocaine. Caldwell'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 and Anders v. California, the motion to withdraw must:
78 Wn.2d 184, 470 P.2d 188 (1970).
386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
[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. Caldwell's counsel on appeal filed a brief with the motion to withdraw. Caldwell was served with a copy of the brief and informed of his right to file a statement of additional grounds for review.
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 potential issue raised by counsel, i.e. whether the convictions are supported by sufficient evidence, is wholly frivolous. Counsel's motion to withdraw is granted and the appeal is dismissed.