Opinion
No. 64309-6-I.
October 18, 2010. UNPUBLISHED OPINION
Appeal from a judgment of the Superior Court for King County, No. 08-1-05662-3, Christopher A. Washington, J., entered September 21, 2009.
Dismissed by unpublished per curiam opinion.
Ricky Lewis appeals from the trial court's denial of his motion to terminate probation under RCW 9.95.230. Lewis'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, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (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. Lewis's counsel on appeal filed a brief with the motion to withdraw. Lewis was served with a copy of the brief and informed of his right to file a statement of additional grounds for review. He has not filed a pro se 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 independently reviewed the entire record. The court specifically considered the following potential issues raised by counsel:
1. Whether the trial court abused its discretion by denying Lewis's motion to terminate probation?
2. Whether the sentencing court lacked authority to require that Lewis complete an anger management course as a condition of probation?
3. Whether the 2009 amendment to RCW 9.95.220 violates the prohibition against ex post facto laws?
The issues raised by appellate counsel are wholly frivolous. Counsel's motion to withdraw is granted and the appeal is dismissed.
For the Court: