David William v. State ( 2010 )

02-10-016-CR

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-10-00016-CR

DAVID WILLIAM		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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          Appellant David William pled guilty pursuant to a plea bargain to burglary of a habitation.  The trial court placed him on four years’ deferred adjudication community supervision. Almost seven months later, the State filed a petition to adjudicate, alleging several violations, including the commission of a new offense.  Appellant pled “not true” to all allegations.  After an adjudication hearing, the trial court found many of the allegations, including that regarding the commission of a new offense, true.  After a sentencing hearing, the trial court sentenced Appellant to eight years’ confinement.

          Appellant’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.  In the brief, counsel avers that, in his professional opinion, this appeal is frivolous.  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.[3]  This court afforded Appellant the opportunity to file a brief on his own behalf, but he did not.

          Once 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, we are obligated to undertake an independent examination of the record to see if there is any arguable ground that may be raised on his behalf.[4]  Only then may we grant counsel’s motion to withdraw.[5]

          We have carefully reviewed the record and counsel’s brief.  We agree with counsel that the appeal is wholly frivolous and without merit.  We find nothing in the record that might arguably support the appeal.[6]  Consequently, we grant the motion to withdraw and affirm the trial court’s judgment.

PER CURIAM

PANEL:  DAUPHINOT, WALKER, and MCCOY, JJ.

DO NOT PUBLISH

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

DELIVERED:  December 16, 2010

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

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

[3]See Stafford v. State, 813 S.W.2d 503, 510–11 & n.3 (Tex. Crim. App. 1991).

[4]See id. at 511.

[5]See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).

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