IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
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No. 69237-2-1
Respondent,
v. DIVISION ONE
DAVID M. SHIRLEY, UNPUBLISHED OPINION
CO
Appellant. FILED: OCT 7 2013 O
Per Curiam. David Shirley appeals the trial court's 2012 order amending his
1996 judgment and sentence. His 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, 18 L. Ed. 2d 493, 87 S. Ct. 1396 (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 briefshould 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.
Theobald, 78 Wn.2d at 185 (quoting Anders, 386 U.S. at 744).
This procedure has been followed. Shirley's counsel on appeal filed a brief with
the motion to withdraw. Shirley was served with a copy of the brief and informed of his
right to file a statement of additional grounds for review. Shirley did notfile a
supplemental brief.
No. 69237-2-1/2
The material 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. Whether the trial court erred in amending the judgment and sentence to add a
juvenile conviction for second degree assault to appellant's criminal history?
2. Whether the court erred in amending the judgment and sentence beyond the
60-day deadline for conditional denial of review set by the Washington
Supreme Court Commissioner?
3. Whether counsel was ineffective for failing to raise other sentencing issues?
The issues raised by counsel are wholly frivolous. The motion to withdraw is
granted and the appeal is dismissed.
For the court:
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