THE STATE or WASHINGTON, Respondent, v. JAMES E. WHITE, Appellant.«*»

Motion filed in the Supreme Court September 9, 1968, to dismiss the appeal. Granted.

Robert G. Perlman, for appellant (appointed counsel for appeal).

Robert E. Schillberg and David G. Metcalf, for respondent.

PER CURIAM. -

Appellant was convicted of grand larceny and taking motor vehicle without the permission of the owner. Appointed counsel, having submitted a brief of points upon which appeal could be based, sought leave to withdraw from the case. The state then moved to dismiss the appeal as frivolous. Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 Sup. Ct. 1396 (1967).

Examination of the briefs of counsel, and an independent examination of the record, lead us to conclude that the appeal in this case is utterly frivolous.

Motion granted; appeal dismissed.

THE STATE OF WASHINGTON, Respondent, v. ROY RILEY JONES,
                         Appellant.«†»

Motions filed in the Supreme Court August 30, 1968 and September 28, 1968, to withdraw as counsel and to dismiss the appeal. Granted.

Robert L. Avery and Harry D. Greer, for appellant (appointed counsel for appeal).

R. DeWitt Jones and C. Brent Nevin, for respondent.

PER CURIAM. -

This is an appeal from a judgment and sentence for armed robbery. The case is now before the court on appellant counsel's motion to withdraw, and respondent's motion to dismiss the cause on the ground, among others, that the appeal is frivolous. Argument on these motions was heard on October 29, 1968.

After the appellant filed a timely notice of appeal, the trial court pursuant to ROA 46(c) (2) (i) entered an order finding the appellant to be an indigent, authorizing the appeal to be perfected at public expense and appointing counsel to represent the appellant. A transcript and statement of facts have been prepared at public expense and filed in this court.

On August 30, 1968, appellant's counsel filed a brief reviewing the case and setting forth the only two assignments of error which might arguably support an appeal, and at the same time filed a motion to

«*» Reported in 447 P.2d 603.

«†» Reported in 447 P.2d 706.

 952    MEMORANDUM CASES           [75 Wn.2d 951

withdraw in accordance with the rule announced in Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 Sup. Ct. 1396 (1967), deeming the appeal to be without merit. It appears from the record that copies of appellant's brief and his counsel's motion for withdrawal were mailed to appellant on August 29, 1968.

A full examination of the proceeding discloses that the assignments of error cannot be supported by the record, and the court finds the appeal patently frivolous. The motion of appellant's counsel to withdraw, and of respondent's motion to dismiss the appeal on the grounds of frivolity are, therefore, granted.

It is so ordered.