No. 58126-1-I.The Court of Appeals of Washington, Division One.
December 24, 2007.
Appeal from a judgment of the Superior Court for Skagit County, No. 03-1-00416-1, Susan K. Cook, J., entered March 10, 2006.
Dismissed by unpublished per curiam opinion.
PER CURIAM.
Lowrie Ruddell appeals from the judgment and sentence entered following a conviction for attempting to elude a pursuing police vehicle. Ruddell’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. Ruddell’s counsel on appeal filed a brief with the motion to withdraw. Ruddell 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 issue raised by counsel and/or appellant:
Was the evidence sufficient to find Ruddell guilty of attempting to elude a police vehicle?
The potential issue is wholly frivolous. Counsel’s motion to withdraw is granted and the appeal is dismissed.
(1967).
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