Evans v. State

COUNSEL’S MOTION TO WITHDRAW AS ATTORNEY OF RECORD

To what amount of relief can a defendant be entitled and still be involved in an “An-ders ” appeal? We believe that the answer is zero, ie. if the defendant is entitled to any relief from the appellate court he is not prosecuting a frivolous appeal. Thus, if there is an arguable basis for requesting any relief, counsel should present that argument to the appellate court in a brief on the mer its, rather than seeking to withdraw under the Anders procedure. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); Johnson v.…