Donald Ray Brown v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-152-CR

DONALD RAY BROWN APPELLANT

THE STATE OF TEXAS STATE

------------

FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

------------

MEMORANDUM OPINION^{^[1]}

------------

Appellant Donald Ray Brown appeals from a conviction for possession of chemicals with intent to manufacture a controlled substance, namely methamphetamine. A jury convicted him and assessed his punishment at fifteen years= confinement in the Institutional Division of the Texas Department of Criminal Justice. The trial court sentenced him accordingly.

Appellant=s court‑appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion. In his brief, counsel has reviewed the history of the case, including detailing the evidence presented. 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]} Although this court notified Appellant that he could file a pro se brief, he 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 that might arguably support the appeal.^{^[6]} Therefore, we grant the motion to withdraw filed by Appellant=s counsel and affirm the trial court=s judgment.

PER CURIAM

PANEL F: DAUPHINOT, J.; CAYCE, C.J.; and LIVINGSTON, J.

DO NOT PUBLISH

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

DELIVERED: May 11, 2006

^{^[1]}See Tex. R. App. P. 47.4.

^{^[2]}386 U.S. 738, 87 S. Ct. 1396 (1967).

^{^[3]}See Mays v. State, 904 S.W.2d 920, 922‑23 (Tex. App.CFort 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 (1988).

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

Donald Ray Brown v. State

Related Cases