Opinion
No. 57185-1-I.
July 3, 2006.
Appeal from a judgment of the Superior Court for King County, No. 03-1-03924-8, Bruce W. Hilyer, J., entered October 5, 2005.
Counsel for Appellant(s), Nielsen Broman Koch Pllc, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Eric J. Nielsen, Nielsen Broman Koch PLLC, 1908 E Madison St, Seattle, WA 98122-2842.
Counsel for Respondent(s), Mary Helene Rodrigue Barbosa, Attorney at Law, W554 King Co Cths, 516 3rd Ave, Seattle, WA 98104-2385.
Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
Dismissed by unpublished per curiam opinion.
Yong Kim appeals from the judgment and sentence entered following a conviction for first degree murder while armed with a deadly weapon. Kim'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
78 Wn.2d 184, 470 P.2d 188 (1970).
Anders v. California, the motion to withdraw must:
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. Kim's counsel on appeal filed a brief with the motion to withdraw. Kim 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 court specifically considered the following potential issues raised by counsel and/or appellant:
1. Was Kim's plea voluntary and intelligent and made with full knowledge of its consequences?
2. Did Kim receive ineffective assistance of counsel regarding the decision whether to plead guilty?
The court also raised and considered the following potential issue:
Was Kim denied his right to a speedy trial?
The potential issues are wholly frivolous. Counsel's motion to withdraw is granted and the appeal is dismissed.