IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
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STATE OF WASHINGTON, ]
No. 68855-3-1 C3 m
Respondent, ] O
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DIVISION ONE CO
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UNPUBLISHED OPINION
ALFONZIA ALLEN, ' V?
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Appellant. i FILED: December 23, 2013
Per Curiam—Alfonzia Allen was acquitted of second-degree assault by
reason of insanity and committed to Western State Hospital. He appeals a July 6,
2012 order, dismissing his petition for final release from commitment after a jury trial
in King County Superior Court Cause No. 03-1-03128-0 KNT.
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 LEd.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] Acopy 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 STA
frivolous.
Theobald. 78 Wn.2d at 185 (quoting Anders, 386 U.S. at 744).
This procedure has been followed. Counsel on appeal filed a motion to
withdraw accompanied by the required brief. Counsel served Allen with a copy of the
brief and informed him of his right to file a statement of additional grounds for review.
Allen did not file a supplemental brief.
No. 68855-3-1/2
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 issue raised by counsel:
Did the trial court err when it limited cross-examination of the State's
expert?
The issue is wholly frivolous. Counsel's motion to withdraw is granted and the
appeal is dismissed.
FOR THE COURT:
(WS.
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