Ronald Neal v. State ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-10-00184-CR
RONALD NEAL APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant Ronald Neal entered an open plea of guilty to one count of
murder. After the trial court ordered preparation of a presentence investigation
report and conducted a sentencing hearing, the trial court found Appellant guilty
and sentenced him to eighty years’ confinement.
Appellant’s court-appointed appellate counsel has filed a motion to
withdraw as counsel and a brief in support of the motion. In the brief, counsel
1
See Tex. R. App. P. 47.4.
avers that, in his professional opinion, this appeal is frivolous. Counsel’s brief
and motion meet the requirements of Anders v. California, 386 U.S. 738, 87 S.
Ct. 1396 (1967), by presenting a professional evaluation of the record and
demonstrating why there are no arguable grounds for appeal. We gave
Appellant an opportunity to file a pro se brief, and Appellant filed a pro se brief
that raises three points.2 The State did not file a brief.
After an appellant’s court-appointed counsel files a motion to withdraw on
the ground that the appeal is frivolous and fulfills the requirements of Anders, this
court is obligated to undertake an independent examination of the record. See
Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State,
904 S.W.2d 920, 922–23 (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).
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).
2
Appellant contends in his three points that he presented legally and
factually sufficient evidence of sudden passion and that the trial court erred by
admitting an autopsy photograph. Our review of the briefs and record included,
but was not limited to, these matters.
2
We have carefully reviewed counsel’s brief, Appellant’s brief, and the
appellate record. We agree with counsel that this appeal is wholly frivolous and
without merit; we find nothing in the record that arguably might support any
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: GARDNER, MEIER, and GABRIEL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: November 10, 2011
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