State Of Washington, Respondent V. Donna R. Loge, Appellant

77733-5Washctapp13 ago 2018

Testo completo

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
Respondent,
V.
DONNA RAE LOGE,
Appellant.
No. 77733-5-1
DIVISION ONE
UNPUBLISHED OPINION
FILED: August 13, 2018
PER CURIAM — Donna Loge appeals from the judgment and sentence
entered after her conviction for one count of assault in the third degree. Loge'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 493,87S.
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. Loge's counsel on appeal filed a brief with
the motion to withdraw. Loge was served with a copy of the brief and informed of the
right to file a statement of additional grounds for review. Loge did not file a statement
of additional grounds for review.
No. 77733-5-1/2
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
reviewed the entire record. The court specifically considered the following potential
issue raised by counsel:
1. Whether the information charging Loge with assault in the third degree was
constitutionally sufficient?
1
2. Whether the trial court erred in accepting Loge's jury trial waiver as
knowing, intelligent, and voluntary?
I
3. Whether sufficient evidence supported Loge's conviction for assault in the
third degree? 1
4. Whether Loge was denied her right to effective assistance of counsel?
5. Whether the trial court entered sufficient findings of fact and conclusions of
law?
6. Whether the trial court erred in imposing mandatory legal financial
obligations?
7. Whether the trial court erred in imposing 12 months of community custody
at sentencing?
The potential issues raised by counsel are wholly frivolous. Counsel's motion
to withdraw is granted and the appeal is dismissed.
For the court:
2
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