William Chilton Acord v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-099-CR
WILLIAM CHILTON ACORD APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant William Chilton Acord entered an open plea of guilty to robbery
causing bodily injury and pleaded true to the repeat offender notice. The trial
court sentenced Acord to forty-five years’ confinement.
Acord’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. California, 386 U.S. 738, 87 S. Ct. 1396
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… See Tex. R. App. P. 47.4.
(1967), by presenting a professional evaluation of the record demonstrating
why there are no arguable grounds for relief. Acord was given the opportunity
to file a pro se brief, but he did not do so. The State has not filed a brief.
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). Because
Acord entered an open plea of guilty, our independent review for potential error
is limited to potential jurisdictional defects, the voluntariness of Acord’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); Young v. State, 8 S.W.3d 656, 666–67 (Tex.
Crim. App. 2000).
We have carefully reviewed the record and counsel’s brief. We agree
with counsel that this appeal is wholly frivolous and without merit. We find
nothing in the record that might arguably support the appeal. See Bledsoe v.
State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005); accord Meza v.
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State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006). We therefore grant
counsel’s motion to withdraw and affirm the trial court’s judgment.
SUE WALKER
JUSTICE
PANEL: LIVINGSTON, DAUPHINOT, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: January 28, 2010
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