COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-364-CR
MANUEL R. MURILLO APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Manuel R. Murillo entered an open plea of guilty to two counts
of indecency with a child by contact and elected to have the jury assess
punishment. The jury assessed punishment at two years’ confinement on the
first count and four years’ community supervision on the second count. The
trial court sentenced Murillo in accordance with the jury’s verdict.
1
… See Tex. R. App. P. 47.4.
Murillo’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 2 by presenting a professional
evaluation of the record demonstrating why there are no arguable grounds for
relief. Murillo was given the opportunity to file a pro se brief, but he did not do
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). Because
Murillo entered an open plea of guilty, our independent review for potential error
is limited to potential jurisdictional defects, the voluntariness of Murillo’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).
2
… 386 U.S. 738, 87 S. Ct. 1396 (1967).
2
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.
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: DAUPHINOT, HOLMAN, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 16, 2008
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