Deryl Danielle Ware v. State

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                                        COURT OF APPEALS

                                         SECOND DISTRICT OF TEXAS

                                                     FORT WORTH

 

 

                                           NO. 2-08-075-CR

 

 

DERYL DANIELLE WARE                                                       APPELLANT

 

                                                      V.

 

THE STATE OF TEXAS                                                                 STATE

 

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             FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY

 

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                                  MEMORANDUM OPINION[1]

 

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Appellant Deryl Danielle Ware  appeals his conviction for failure to register as a sex offender.[2]  We affirm. 


Appellant=s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.  In the brief, counsel avers that, in his professional opinion, this appeal is frivolous.  Counsel=s brief and motion meet the requirements of Anders v. California[3] by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief.  We gave appellant the opportunity to file a pro se brief, and he has filed one.  In addition, the State has filed a letter brief.

Once an appellant=s court-appointed attorney 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.[4]  Only then may we grant counsel=s motion to withdraw.[5]

We have carefully reviewed the record, counsel=s brief, appellant=s pro se brief and supplement, and the State=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.[6]  Accordingly, we grant counsel=s motion to withdraw and affirm the trial court=s judgment.


 

PER CURIAM

 

PANEL:  CAYCE, C.J.; LIVINGSTON and MCCOY, JJ.

 

DO NOT PUBLISH

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

 

DELIVERED:  October 9, 2008                         

 


[1]See Tex. R. App. P. 47.4.

[2]See Tex. Code Crim. Proc. Ann. art. 62.102 (Vernon 2006).

[4]See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State, 904 S.W.2d 920, 922B23 (Tex. App.CFort Worth 1995, no pet.).

[5]See Penson v. Ohio, 488 U.S. 75, 82B83, 109 S. Ct. 346, 351 (1988).

[6]See Bledsoe v. State, 178 S.W.3d 824, 827B28 (Tex. Crim. App. 2005); Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).