Timothy Scott Maness v. State ( 2011 )

02-10-409-CR

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-10-00409-CR

Timothy Scott Maness		APPELLANT
V.
The State of Texas		STATE

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FROM Criminal District Court No. 1 OF Tarrant COUNTY

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MEMORANDUM OPINION[1]

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          A jury convicted Appellant Timothy Scott Maness of theft of property under $1,500 after having been previously convicted of theft two or more times.  See Tex. Penal Code Ann. § 31.03(a), (e)(4)(D) (West Supp. 2011).  The jury assessed his punishment at eighteen months’ confinement and a $500 fine, and the trial court sentenced him accordingly.

          Maness’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.  This court afforded Maness the opportunity to file a brief on his own behalf, 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.—Fort Worth 1995, no pet.).  Only then may we grant counsel’s motion to withdraw.  See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).

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 arguably might support an appeal.  See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).  Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment.

PER CURIAM

PANEL: WALKER, MCCOY, and MEIER, JJ.

DO NOT PUBLISH

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

DELIVERED:  December 8, 2011

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

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