IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
CD
STATE OF WASHINGTON, m
No. 72156-9-1
CO
Respondent,
DIVISION ONE
v.
UNPUBLISHED OPINION en
BEE THOW SAYKAO, cr.
Appellant. FILED: December 28, 2015
PER CURIAM. Bee Saykao appeals from the judgment and sentence entered
after he pleaded guilty to second degree assault. Saykao'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, 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 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. Saykao's counsel on appeal filed a brief
with the motion to withdraw. Saykao was served with a copy of the brief and
informed of the right to file a statement of additional grounds for review. He filed a
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 has independently
No. 72156-9-1/2
reviewed the entire record. The court specifically considered the following potential
issues raised by counsel:
1. Did the sentencing court err by refusing to reduce Saykao's community
custody term by the amount of time he served in total confinement in
excess of his amended sentence?
2. Did the sentencing court err by refusing to prohibit the Department of
Corrections from requiring random drug testing during community custody?
Saykao also raised, and the court considered, the following potential issue:
Did the sentencing court err by failing to order Saykao's immediate
release from custody?
The potential issues are wholly frivolous. Counsel's motion to withdraw is
granted and the appeal is dismissed.
For the court:
T/»