Opinion
No. 50058-9-I.
Filed: March 22, 2004. UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No. 01-1-08044-6. Judgment or order under review. Date filed: 01/11/2002.
Counsel for Appellant(s), Nielsen Broman Koch Pllc, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Counsel for Respondent(s), Amy Elizabeth Montgomery, King Co Pros Office, Rm W554, 516 3rd Ave, Seattle, WA 98104-2312.
Larry Rivers appeals from the judgment and sentence entered following a conviction for one count of conspiracy to deliver a controlled substance. Rivers' 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. Rivers' counsel on appeal filed a brief with the motion to withdraw. Rivers was served with a copy of the brief and informed of a criminal appellant's right to file a pro se supplemental brief. Rivers did not file a supplemental brief.
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:
1. Was Rivers' right to a speedy sentencing violated?
2. Did the trial court err in denying Rivers' request for an exceptional sentence?
3. Did the trial court err in denying the motion for reconsideration?
The potential issues are wholly frivolous. Counsel's motion to withdraw is granted and the appeal is dismissed.
ELLINGTON and BAKER, JJ., concur.