APPELLANT v. << (2012)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

The State of Texas

STATE

MEMORANDUM OPINION1

Appellant Lorenzo Wilson entered an open plea of guilty to sexual assault of a child under seventeen years of age.   See Tex. Penal Code Ann. § 22.011(a)(2) (West 2011).   After accepting his guilty plea, the trial court deferred sentencing until a presentence investigation report could be prepared.   After a sentencing hearing, the trial court sentenced Wilson to ten years' confinement.

Wilson's court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.   Counsel's brief and motion meet the requirements of Anders v. California ² by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief.   This court afforded Wilson the opportunity to file a brief on his own behalf, but he did not do so.

As the reviewing court, we must conduct an independent evaluation of the record to determine whether counsel is correct in determining that the appeal is frivolous.   See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App.1991);  Mays v. State, 904 S.W.2d 920, 923 (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 arguably might support an appeal.   See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex.Crim.App.2005).   Accordingly, we grant counsel's motion to withdraw and affirm the trial court's judgment.

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

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

DELIVERED:  January 19, 2012

FOOTNOTES

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

FN2. 386 U.S. 738, 87 S.Ct. 1396 (1967)..  FN2. 386 U.S. 738, 87 S.Ct. 1396 (1967).