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STATE v. KIM

The Court of Appeals of Washington, Division One.
Jul 3, 2006

Dismissed by unpublished per curiam opinion.

PER CURIAM.

Yong Kim appeals from the judgment and sentence entered following a conviction for first degree murder while armed with a deadly weapon. Kim'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

78 Wn.2d 184, 470 P.2d 188 (1970).

Anders v. California, the motion to withdraw must:

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.

This procedure has been followed. Kim's counsel on appeal filed a brief with the motion to withdraw. Kim 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 issues raised by counsel and/or appellant:

1. Was Kim's plea voluntary and intelligent and made with full knowledge of its consequences?
2. Did Kim receive ineffective assistance of counsel regarding the decision whether to plead guilty?

The court also raised and considered the following potential issue:

Was Kim denied his right to a speedy trial?

The potential issues are wholly frivolous. Counsel's motion to withdraw is granted and the appeal is dismissed.