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.
1
… See T EX. R. A PP. P. 47.4.
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
2
… 386 U.S. 738, 87 S. Ct. 1396 (1967).
3
… See Mays v. State, 904 S.W.2d 920, 922–23 (Tex. App.—Fort 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, 83–84, 109 S. Ct. 346, 351–52
(1988).
2
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DO NOT PUBLISH
T EX. R. A PP. P. 47.2(b)
DELIVERED: June 12, 2008
6
… See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005).
3