2 Wn. App. 636, THE STATE OF WASHINGTON, Respondent, v. JAMES R. SICILIA, Appellant.

[No. 73-41211-2. Division Two. Court of Appeals      May 6, 1970.]

THE STATE OF WASHINGTON, Respondent, v. JAMES R. SICILIA, Appellant.

Appeal from a judgment of the Superior Court for Spokane County, No. 19191, William H. Williams, J., entered May 27, 1969. Affirmed. Prosecution for escape. Defendant appeals from a convicion and sentence.

Keith H. Campbell, for appellant (appointed counsel for appeal).

George A. Kain, Prosecuting Attorney and LeRoy C. Kinnie, Deputy, for respondent.

PER CURIAM -

Defendant appeals from a conviction of escape from custody. His appointed counsel has made a motion to withdraw contending that the appeal is frivolous. In accordance with the rule of Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396 (1967), and State v. Koehler, 73 Wn.2d 145, 436 P.2d 773 (1968), his' counsel has submitted a brief setting forth issues he considers to arguably support the appeal. Counsel concluded that these issues are without merit. The state has filed a motion to dismiss the appeal on the grounds that it is frivolous and without arguable merit under authority of Anders, Koehler and CAROA51. We have examined the entire record, the brief of defendant's appointed counsel and defendant's pro se brief previously submitted and are also led to the conclusion that the appeal is patently frivolous.

The motion of defendant's counsel to withdraw and the state's motion to dismiss are granted. Affirmed.