Amouri Lavelle Nicholson v. State ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00213-CR
02-13-00214-CR
AMOURI LAVELLE NICHOLSON APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 1 OF DENTON COUNTY
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MEMORANDUM OPINION1
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A jury convicted Appellant Amouri Lavelle Nicholson of driving while
intoxicated and possession of marihuana in an amount less than two ounces.
See Tex. Penal Code Ann. § 49.04 (West Supp. 2013); Tex. Health & Safety
Code Ann. § 481.121(a), (b)(1) (West 2010). The trial court sentenced him to
180 days in jail in both cases.
1
See Tex. R. App. P. 47.4.
Nicholson’s court-appointed appellate counsel has filed a motion to
withdraw as counsel and a brief in support of that motion for both cases.
Counsel’s brief and motion meet the requirements of Anders v. California2 by
presenting a professional evaluation of the records demonstrating why there are
no arguable grounds for relief. This court afforded Nicholson 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
records to determine whether counsel is correct in determining that the appeals
are 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 motions to withdraw. See Penson v.
Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).
We have carefully reviewed the records and counsel’s brief. We agree
with counsel that these appeals are wholly frivolous and without merit; we find
nothing in either 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 motions to withdraw and affirm the trial court’s judgments.
PER CURIAM
PANEL: WALKER, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
2
386 U.S. 738, 87 S. Ct. 1396 (1967).
2
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 12, 2014
3