State v. Simmons

— Defendant Jeffrey R. Simmons appeals his conviction of taking a motor vehicle in violation of RCW 9A.56.070. 1 Counsel for the defendant seeks to withdraw based on his belief that no reasonable grounds for appeal exist. Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396 (1967); State v. Theobald, 78 Wn.2d 184, 470 P.2d 188 (1970). Consequently, the State moves for dismissal. Id. Because we find error in the trial court's refusal to give a proposed jury instruction concerning an intoxication defense, we deny both motions, reverse the conyiction and remand this case for a…