Court of Appeals Division I
State of Washington

Opinion Information Sheet

			

   IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

STATE OF WASHINGTON,                        )
                                            )       No. 67318-1-I
                      Respondent,           )
                                            )
           v.                               )       DIVISION ONE
                                            )
ALFONZIA ALLEN, SR.,                        )       UNPUBLISHED OPINION
                                            )
                      Appellant.            )       FILED:   March 26, 2012

       Per Curiam.  Alfonzia Allen was found not guilty of assault by reason of 

insanity and committed to Western State Hospital.  He appeals a June 22, 2011 

order denying his petition for conditional release from his commitment.  Allen'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, 

87 S. 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.  Allen's counsel filed a brief with the 

motion to withdraw.  Allen was served with a copy of the brief and informed of his

right to file a statement of additional grounds for review.  He did not file a statement  

No.67318-1-I/2

of additional grounds.

       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:

              Does substantial evidence support the court's finding that Allen 
              failed to prove his fitness for conditional release?

       The potential issue is wholly frivolous.  Counsel's motion to withdraw is 

granted and the appeal is dismissed. 

                                 For the court:

                                              2