APPELLANT v. << (2011)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

The State of Texas

STATE

MEMORANDUM OPINION1

Appellant Dereck Jamison Smith entered an open plea of guilty to burglary of a habitation with intent to commit aggravated robbery and pleaded true to a prior felony conviction alleged in the repeat offender notice.   The trial court sentenced Smith to thirty years' confinement at the conclusion of the punishment hearing.   Smith's court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.   Counsel avers that in his professional opinion, the appeal is frivolous.   Counsel's brief and motion meet the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief.   See 386 U.S. 738, 87 S.Ct. 1396 (1967).   This court informed Smith that he could file a pro se brief, but he did not do so.   The State did not submit a brief.

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).

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 judgment.

PANEL:  LIVINGSTON, C.J.;   MEIER and GABRIEL, JJ.

Tex.R. App. P. 47.2(b)

DELIVERED:  December 15, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.