State Of Washington, Respondent V. Mikiel Kemp, Appellant (Majority)
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATE OF WASHINGTON, Respondent, v. MIKIEL KEMP, Appellant. ) ) ) ) ) ) ) ) ) ) No. 75278-2-1 UNPUBLISHED OPINION FILED: August 28, 2017 PER CURIAM. Mikiel Kemp challenges the judgment and sentence imposed following his conviction for possession of methamphetamine. 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). This procedure has been followed. Kemp's counsel on appeal filed a brief with the motion to withdraw. Kemp was served with a copy of the brief and informed of his right to file a statement of additional grounds for review. Kemp did not file a supplemental brief. No. 75278-2-1/2 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 issues raised by counsel: Did the trial court err in denying Kemp's motions to suppress his statements to police and the evidence police seized from him? The issues raised by counsel are wholly frivolous. The motion to withdraw is granted and the appeal is dismissed. FOR THE COURT: 2
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