State Of Washington, Respondent V. Joseph Melvin Green, Appellant
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. JOSEPH GREEN aka DEVON GREEN, Appellant. ) ) ) ) ) ) ) ) ) ) No. 64096-8-I DIVISION ONE UNPUBLISHED OPINION FILED: October 18, 2010 PER CURIAM. Joseph Green appeals from the judgment and sentence entered on his convictions for two counts of misdemeanor violation of court order, two counts of assault in the second degree, one count of felony harassment and three counts of tampering with a witness. Green 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. Green s counsel on appeal filed a brief with the motion to withdraw. Green was served with a copy of the brief and informed No. 64096-8-I/2 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 erred in denying Green s motion to withdraw his guilty plea due to ineffective assistance of counsel? 2. Whether Green s guilty plea was knowing and voluntary? The issues raised by his appellate counsel are wholly frivolous. Counsel's motion to withdraw is granted and the appeal is dismissed. For the court: 2
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