Bryan Ray Roe v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-352-CR
NO. 2-07-354-CR
BRYAN RAY ROE APPELLANT
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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Appellant Bryan Ray Roe appeals from two convictions for indecency with
a child–exposure. The trial court convicted him in each case and sentenced him
to confinement of ten years’ in each case, with the sentences to run
consecutively. In each case, Appellant’s court-appointed appellate counsel has
filed a motion to withdraw as counsel and a brief in support of that motion. In
the briefs, counsel avers that, in his professional opinion, these appeals are
1
… See Tex. R. App. P. 47.4.
frivolous. Counsel’s briefs and motions meet the requirements of Anders v.
California 2 by presenting a professional evaluation of the records demonstrating
why there are no arguable grounds for relief. Although Appellant was given an
opportunity to file a pro se brief, he has not done so.
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.3 Only then may we grant counsel’s motion to withdraw.4
We have carefully reviewed counsel’s briefs and the records. We agree
with counsel that these appeals are wholly frivolous and without merit; we find
nothing in the records that arguably might support the appeals. 5 Accordingly,
we grant counsel’s motions to withdraw and affirm the trial court’s judgments.
PER CURIAM
PANEL: DAUPHINOT, WALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
2
… 386 U.S. 738, 87 S. Ct. 1396 (1967).
3
… 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.).
4
… See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351
(1988).
5
… See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App.
2005).
2
DELIVERED: February 26, 2009
3