IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON, )
No. 77060-8-I
Respondent,
DIVISION ONE
v. )
)
EARL IRA BOWMAN, ) UNPUBLISHED OPINION
)
Appellant. ) FILED: April 15, 2019
PER CURIAM. Earl Ira Bowman appeals the trial court’s order denying
his “request to recall NCO” entered as part of the judgment and sentence
imposed upon his conviction of assault in the third degree. 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, 87S. 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.
Theobald, 78 Wn.2d at 185 (quoting Anders, 386 U.S. at 744).
This procedure has been followed. Bowman’s counsel on appeal filed a
brief with the motion to withdraw. Bowman was served with a copy of the brief
No. 77060-8-1/2
and informed of his right to file a statement of additional grounds for review.
Bowman has not filed a statement of additional grounds.
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. Did the trial court err in refusing to modify the judgment and sentence by
striking the no-contact order?
2. Was Bowman denied due process and equal protection as a result of the
court’s ruling?
The potential issues are wholly frivolous. Counsel’s motion to withdraw is
granted and the appeal is dismissed.
FOR THE COURT:
A1~