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 ^{(footnote: 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 ^{(footnote: 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. ^{(footnote: 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. ^{(footnote: 4)}   Only then may we grant counsel’s motion to withdraw. ^{(footnote: 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. ^{(footnote: 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DO NOT PUBLISH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

FOOTNOTES

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, 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).

6:

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