Michael Alan Chaffin v. State ( 2008 )

                                                COURT OF APPEALS

                                                 SECOND DISTRICT OF TEXAS

                                                                 FORT WORTH

                                        NO.  2-07-185-CR  

MICHAEL ALAN CHAFFIN                                                     APPELLANT

                                                   V.

THE STATE OF TEXAS                                                                STATE

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             FROM THE 235TH DISTRICT COURT OF COOKE COUNTY

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                                MEMORANDUM OPINION^[1]

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A jury convicted Appellant Michael Alan Chaffin of failing to comply with sex offender registration requirements and assessed punishment at eight years= confinement and a $5,000 fine. The trial court sentenced him accordingly.

Appellant=s court-appointed 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 reversible grounds on appeal and referencing any grounds that might arguably support the appeal.^[3]  We afforded Appellant an opportunity to file a brief on his own behalf; he did not do so.

In our duties as a reviewing court, we must conduct an independent evaluation of the record to determine whether counsel is correct in determining that the appeal is frivolous.^[4]  Only then may we grant counsel=s motion to withdraw.^[5]

We have carefully reviewed the record and counsel=s brief.  We agree that the appeal is wholly frivolous and without merit.  We find nothing in the record that might arguably support the appeal.^[6]  We therefore grant the motion to withdraw filed by Appellant=s counsel and affirm the trial court=s judgment.

PER CURIAM

PANEL F:    GARDNER, WALKER, AND MCCOY, JJ.

DO NOT PUBLISH

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

DELIVERED: June 12, 2008

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

^[2]386 U.S. 738, 87 S. Ct. 1396 (1967).

^[3]See Mays v. State, 904 S.W.2d 920, 922B23 (Tex. App.CFort Worth 1995, no pet.).

^[4]See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays, 904 S.W.2d at 923. 

^[5]See Penson v. Ohio, 488 U.S. 75, 83B84, 109 S. Ct. 346, 351B52 (1988).

^[6]See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005).