State Of Washington, Respondent V. Joel White, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
Respondent,
v.
JOEL WHITE,
Appellant.
No. 83692-7-I
DIVISION ONE
UNPUBLISHED OPINION
PER 	CURIAM. 	Joel 	White 	appeals 	a 	trial 	court 	order 	denying 	his
postconviction 	motion 	for 	deoxyribonucleic 	acid 	(DNA) 	testing. 	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, 87 S.
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) (alterations in
original).

No. 83692-7-I/2
2
This procedure has been followed. White’s counsel on appeal filed a brief
with the motion to withdraw. 	White was served with a copy of the brief, and
informed of his right to file a statement of additional grounds for review. White filed
a supplemental brief, but subsequently filed a motion to withdraw the brief.
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 violated
White’s right to due process when it decided his motion for postconviction DNA
testing in his absence, (2) whether the trial court erred in denying White’s motion,
and (3) whether the trial court erred by failing to consider the evidence produced
at trial.
The issues raised by counsel are wholly frivolous. The motion to withdraw
is granted, the motion to withdraw White’s supplemental brief is granted, and the
appeal is dismissed.
FOR THE COURT: