John Thomas Crawford v. State ( 2009 )

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO.  2-08-172-CR  

JOHN THOMAS CRAWFORD                                                 APPELLANT

                                                   V.

THE STATE OF TEXAS                                                                STATE

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           FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY

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                                MEMORANDUM OPINION^[1]

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Appellant John Thomas Crawford pleaded guilty to possession of one gram or more but less than four grams of methamphetamine.  A jury assessed punishment of seven years= confinement, and the trial court sentenced Appellant accordingly.

Appellant=s court-appointed appellate 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 arguable grounds for relief. Appellant was given the opportunity to file a pro se brief, but he did not do so.

As the reviewing court, we must conduct an independent evaluation of the record to determine whether counsel is correct in determining that the appeal is 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.CFort Worth 1995, no pet.).  Only then may we grant counsel=s motion to withdraw.  See Penson v. Ohio, 488 U.S. 75, 82B83, 109 S. Ct. 346, 351 (1988).  Because Appellant entered an open plea of guilty, our independent review for potential error is limited to potential jurisdictional defects, the voluntariness of Appellant=s plea, error that is not independent of and supports the judgment of guilt, and error occurring after entry of the guilty plea.  See Monreal v. State, 99 S.W.3d 615, 620 (Tex. Crim. App. 2003); Young v. State, 8 S.W.3d 656, 666B67 (Tex. Crim. App. 2000).

We have carefully reviewed the record and counsel=s 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.  See Bledsoe v. State, 178 S.W.3d 824, 827B28 (Tex. Crim. App. 2005); accord Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).  We therefore grant counsel=s motion to withdraw and affirm the trial court=s judgment.

PER CURIAM

PANEL: GARDNER, J.; CAYCE, C.J.; and LIVINGSTON, J.

DO NOT PUBLISH

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

DELIVERED:  April 30, 2009

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

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