State v. Theobald

Defendant appeals from his conviction of second-degree burglary. His court appointed attorney has filed a motion to withdraw as counsel and the state has moved to dismiss the appeal as frivolous.

The prerequisites to withdrawal of counsel and dismissal of an appeal for lack of potential merit are stated in Anders v. California, 386 U.S. 738, 744, 18 L. Ed. 2d 493, 87 S. Ct. 1396 (1967):

[Defense counsel’s] role as advocate requires that he support his client’s appeal to the best of his ability. Of course, if counsel finds his case to be wholly frivolous, after a conscientious examination of it,…