Morris Clay MacKey v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00050-CR
MORRIS CLAY MACKEY APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant Morris Clay Mackey entered open pleas of guilty to two counts of
aggravated sexual assault. See Tex. Penal Code Ann. § 22.021 (West Supp.
2011). A jury found him guilty of each count pursuant to an instructed verdict
and, after a trial on punishment, assessed his punishment at twenty-seven years’
imprisonment for each count. The trial court sentenced him accordingly, ordering
1
See Tex. R. App. P. 47.4.
that the sentences run consecutive to Mackey’s previously-entered sentence of
twenty years’ imprisonment for a different offense.
Mackey’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. California2 by presenting a professional evaluation
of the record demonstrating why there are no arguable grounds for relief. This
court afforded Mackey the opportunity to file a brief on his own behalf, and he
has done 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, counsel’s brief, and Mackey’s pro-
se 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.
2
386 U.S. 738, 87 S. Ct. 1396 (1967).
2
PER CURIAM
PANEL: WALKER, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: April 5, 2012
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