Opinion
No. 583-1.
September 20, 1971.
[1] Criminal Law — Punishment — Probation — Discretion of Court. The granting of probationary status is a determination resting almost exclusively within the discretion of the trial court. [See 21 Am.Jur.2d, Criminal Law § 562 et seq.]
Appeal from a judgment of the Superior Court for Island County, No. 1912, Walter J. Deierlein, Jr., J., entered April 24, 1970.
Patrick, Zylstra Pitt and Ted D. Zylstra, for appellant (appointed counsel for appeal).
Edward C. Beeksma, Prosecuting Attorney, for respondent.
Dismissed.
Prosecution for burglary. Defendant appeals from a conviction and sentence.
Appellant's counsel on appeal has moved for permission to withdraw pursuant to the authority of Anders v. California, 386 U.S. 738, 18 L.Ed.2d 493, 87 S.Ct. 1396 (1967) because of his belief that the appeal is without merit and frivolous. Following receipt of his counsel's motion to withdraw and the brief in support thereof, appellant moved for dismissal of counsel.
[1] The granting of probationary status, which is the sole issue on this appeal, rests almost exclusively with the trial judge. State v. Riddell, 75 Wn.2d 85, 449 P.2d 97 (1968); State v. Skinner, 3 Wn. App. 367, 475 P.2d 129 (1970). We have examined the record, including appellant's pro se brief, and have determined that the trial court's refusal to grant probation was neither arbitrary nor capricious, but was well within the sound exercise of judicial discretion. The appeal is frivolous, appointed counsel's motion to withdraw is granted and the appeal is dismissed.