Twyna Lynn Shields A/K/A Twyna Lynn McGinnis A/K/A Twyna Collins McGinnis v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-110-CR
TWYNA LYNN SHIELDS APPELLANT
A/K/A TWYNA LYNN MCGINNIS
A/K/A TWYNA COLLINS MCGINNIS
V.
THE STATE OF TEXAS STATE
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FROM THE 355TH DISTRICT COURT OF HOOD COUNTY
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MEMORANDUM OPINION 1
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A jury convicted Appellant Twyna Lynn Shields of possession of more
than one but less than four grams of methamphetamine, found true to two
habitual-offender counts, and assessed punishment at ninety-nine years in
prison. The trial court sentenced her accordingly.
1
… See Tex. R. App. P. 47.4.
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 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.3 We afforded
Appellant an opportunity to file a brief on her own behalf; she 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. 4 Only then may we grant counsel’s motion to
withdraw.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
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).
2
that might arguably support the appeal.6 We therefore grant the motion to
withdraw filed by Appellant’s counsel and affirm the trial court’s judgment.
PER CURIAM
PANEL: GARDNER, HOLMAN, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: November 6, 2008
6
… See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005).
3