No. 44475-1-I.The Court of Appeals of Washington, Division One.
Filed: July 2, 2001. DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION.
Appeal from Superior Court of King County, No. 98-1-08189-5, Hon. Harriett M. Cody, April 12, 1999, Judgment or order under review.
Counsel for Appellant(s), Washington Appellate Project, Cobb Building, 1305 4th Avenue, Ste 802, Seattle, WA 98101.
Gregory C. Link, Washington Appellate Project, Cobb Bldg, 1305 4th Ave Ste 802, Seattle, WA 98101.
Counsel for Respondent(s), Prosecuting Atty King County, King County Prosecutor/Appellate Unit, 1850 Key Tower, 700 Fifth Avenue, Seattle, WA 98104.
Jill A. Otake, 700 5th Ave Ste 1850, Seattle, WA 98104.
PER CURIAM.
Joel Fisher appeals from the judgment and sentence entered following a conviction for one count of trafficking in stolen property and one count of possession of cocaine. Fisher’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[1] and Anders v. California,[2] 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.[3]This procedure has been followed. Fisher’s counsel on appeal filed a brief with the motion to withdraw. Fisher was served with a copy of the brief and informed of a criminal appellant’s right to file a pro se supplemental brief. Fisher 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 the information adequate?
2. Did the trial court err in joining the offenses for trial?
3. Did the trial court err in denying Fisher’s motion to suppress his statements to police before and after his arrest?
4. Was there sufficient evidence to support Fisher’s convictions?
The court also raised and considered the following potential issue:
5. Did the trial court err in denying Fisher’s motion to suppress the cocaine pipe seized from him following his arrest?
The potential issues are wholly frivolous. Counsel’s motion to withdraw is granted and the appeal is dismissed.