COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-401-CR
BENNIE LORENZO DORSEY 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 Bennie Lorenzo Dorsey appeals the trial court’s order revoking
his deferred-adjudication community supervision. We affirm.
Appellant pleaded guilty to aggravated assault with a deadly weapon on
March 19, 2007, and received ten years’ deferred-adjudication community
supervision and a $1,000 fine. On August 3, 2007, the State filed a petition
1
… See T EX. R. A PP. P. 47.4.
to adjudicate, and the trial court held a hearing on October 23, 2007.
Defendant pleaded true to violating the terms of his community supervision by
committing the new offense of evading arrest and by failing to attend the
Treatment Alternatives to Incarceration program on four occasions. The trial
court adjudicated defendant guilty and assessed punishment at five years’
confinement.
Appellant’s court-appointed appellate counsel has filed a motion to
withdraw as counsel and a brief in support of the 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 2 by presenting a
professional evaluation of the record demonstrating why there are no arguable
grounds for relief. In addition, this court informed appellant that he may file a
pro se brief, but he has not done so.
Once an appellant’s court-appointed counsel 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. 3 Only then may we grant counsel’s motion to withdraw. 4
2
… 386 U.S. 738, 87 S. Ct. 1396 (1967).
3
… 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
2
We have carefully reviewed counsel’s brief and the record. 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.5 Accordingly, we
grant counsel’s motion to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: CAYCE, C.J.; WALKER and MCCOY, JJ.
DO NOT PUBLISH
T EX. R. A PP. P. 47.2(b)
DELIVERED: August 14, 2008
pet.).
4
… See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351
(1988).
5
… 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).
3