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Once an appellant's 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 counsel's motion to withdraw. See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S.Ct. 346, 351 (1988).
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
MEMORANDUM OPINION1
We have carefully reviewed the record and counsel's brief. We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex.Crim.App.2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex.Crim.App.2006). Accordingly, we grant counsel's motion to withdraw and affirm the trial court's order.
BILL MEIER
PANEL: LIVINGSTON, C.J.; MEIER, J; and DIXON W. HOLMAN (Senior Justice, Retired, Sitting by Assignment).
Tex.R. App. P. 47.2(b)
DELIVERED: June 2, 2011
FOOTNOTES
FN1. See Tex.R.App. P. 47.4.. FN1. See Tex.R.App. P. 47.4.
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Docket No: NO. 02–10–00411–CR
Decided: June 07, 2011
Court: Court of Appeals of Texas, Waco.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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