State Of Washington v. Ali Horri ( 2016 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
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No. 73731-7-1
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ALI HORRI UNPUBLISHED OPINION OE
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Appellant. FILED: July 11, 2016
PER CURIAM - Ali Horri appeals from the restitution order entered after he
pleaded guilty to one count of vehicular assault. Horri'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 ofcounsel'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. Horri's counsel on appeal filed a brief with
the motion to withdraw. Horri was served with a copy of the brief and informed of the
right to file a statement of additional grounds for review. He did not file a statement
of additional grounds.
No. 73731-7-1/2
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 trial court erred in awarding restitution for injuries exceeding
the severity required for the elements of vehicular assault?
2. Whether trial court erred in finding "good cause" to enter the restitution
order more than 180 days after sentencing?
3. Whether substantial evidence supported the amount of restitution?
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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