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 2009-11

Jorge Cabello Arenas v. State ( 2009 )


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                                                    COURT OF APPEALS

                                                     SECOND DISTRICT OF TEXAS

                                                                    FORT WORTH

     

     

                                            NO. 2-08-353-CR  

     

     

    JORGE CABELLO ARENAS                                                    APPELLANT

     

                                                       V.

     

    THE STATE OF TEXAS                                                                STATE

     

                                                  ------------

     

               FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY

     

                                                  ------------

     

                                    MEMORANDUM OPINION[1]

     

                                                  ------------

    After waiving a jury and entering an open plea of guilty, appellant Jorge Cabello Arenas appeals his conviction and ten-year sentence for possession of less than one gram of cocaine.  We affirm.  


    Appellant=s 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 her professional opinion, the appeal is frivolous.  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.  We gave appellant the opportunity to file a pro se brief, and he has filed one.  The State has not filed 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.[3]  Only then may we grant counsel=s motion to withdraw.[4]

    There is no reporter=s record in this case.  We have carefully reviewed the clerk=s record, counsel=s brief, and appellant=s pro se 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.[5]  Accordingly, we grant counsel=s motion to withdraw and affirm the trial court=s judgment. 

     

    PER CURIAM

    PANEL:  CAYCE, C.J.; WALKER and MCCOY, JJ.

    DO NOT PUBLISH

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

     

    DELIVERED:  November 19, 2009


    [1]See Tex. R. App. P. 47.4.

    [3]See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State, 904 S.W.2d 920, 922B23 (Tex. App.CFort Worth 1995, no pet.).

    [4]See Penson v. Ohio, 488 U.S. 75, 82B83, 109 S. Ct. 346, 351 (1988).

    [5]See Bledsoe v. State, 178 S.W.3d 824, 827B28 (Tex. Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).