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
1
… See Tex. R. App. P. 47.4.
2
… See Tex. Code Crim. Proc. Ann. art. 62.102 (Vernon 2006).
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.
3
… 386 U.S. 738, 87 S. Ct. 1396 (1967).
4
… See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991);
Mays v. State, 904 S.W .2d 920, 922–23 (Tex. App.—Fort Worth 1995, no
pet.).
5
… See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351
(1988).
6
… See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App.
2005); Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).
2
PER CURIAM
PANEL: CAYCE, C.J.; LIVINGSTON and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 9, 2008
3