Opinion
No. 59264-5-I.
January 22, 2008.
Appeal from a judgment of the Superior Court for King County, No. 06-1-02104-1, Nicole Maclnnes, J., entered November 20, 2006.
Dismissed by unpublished per curiam opinion.
Stephan Weyrich appeals from the judgment and sentence entered following a conviction for unlawful issuance of checks or drafts. Weyrich'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. Weyrich's counsel on appeal filed a brief with the motion to withdraw. Weyrich was served with a copy of the brief and informed of a criminal appellant's right to file a pro se supplemental brief. Weyrich 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. Are the current offenses barred by mandatory joinder rules?
2. Did the trial court err in denying Weyrich's request for an exceptional sentence below the standard range?
The court also raised and considered the following potential issues:
1. Was Weyrich's plea made knowingly, intelligently and voluntarily?
2. Did Weyrich receive ineffective assistance of counsel regarding the decision whether to plead guilty?
The potential issues are wholly frivolous. Counsel's motion to withdraw is granted and the appeal is dismissed.
For the court: