State Of Washington, Respondent V. Brian Andrew Sweiven, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON
No. 78225-8-1
Respondent,
V.
BRIAN SWEIVEN,
Appellant.
DIVISION ONE
UNPUBLISHED OPINION
FILED: April 15, 2019
PER CURIAM-Brian Sweiven challenges the judgment and sentence imposed
following his guilty plea to one count of failure to register as a sex offender. 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 RAP 15.2(i). 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(1987), 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 (alterations in original)(quoting Anders, 386 U.S. at 744).
This procedure has been followed. Sweiven's counsel on appeal filed a brief with
the motion to withdraw. Sweiven was served with a copy of the brief and informed of
his right to file a statement of additional grounds for review. Sweiven did not file a
supplemental brief.

No. 78225-8-1/2
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 issue raised by counsel:
Did the trial court err in denying Sweiven's request for an exceptional sentence
below the standard range?
The court also raised and considered the following potential issues:
1. Does Sweiven's guilty plea meet constitutional and court rule
requirements for a valid guilty plea?
2. Did Sweiven receive ineffective assistance of counsel regarding the
decision whether to plead guilty?
3. Is Sweiven entitled to withdraw his guilty plea due to the belated
amendment of the information charging failure to register as a sex
offender?
The potential issues are wholly frivolous. Counsel's motion to withdraw is
granted and the appeal is dismissed.
FOR THE COURT:
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