813 503 511 1991 904 920 922 23 1995 488 75 82 83 109 346 351 1988 v. << (2010)

Court of Appeals of Texas, Waco.

Appellants court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.  In the brief, counsel avers that, in his professional opinion, the appeal is frivolous.  Counsels brief and motion meet the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief.  We gave Appellant the opportunity to file a pro se brief, but he has not done so.  The State has not filed a brief. Once an appellants court-appointed attorney files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders, this court is obligated to undertake an independent examination of the record.  See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App.1991);  Mays v. State, 904 S.W.2d 920, 922-23 (Tex.App.--Fort Worth 1995, no pet.).  Only then may we grant counsels motion to withdraw.  See Penson v. Ohio, 488 U.S. 75, 82-83, 109 S.Ct. 346, 351 (1988).

NO. 2-09-263-CR

Decided: August 28, 2010