Michael Alan Chaffin v. State

 

 

 

 

 

 

                                                COURT OF APPEALS

                                                 SECOND DISTRICT OF TEXAS

                                                                 FORT WORTH

 

 

                                        NO.  2-07-185-CR

                                                   

 

 

MICHAEL ALAN CHAFFIN                                                     APPELLANT

 

                                                   V.

 

THE STATE OF TEXAS                                                                STATE

 

 

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             FROM THE 235TH DISTRICT COURT OF COOKE COUNTY

 

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                                MEMORANDUM OPINION[1]

 

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A jury convicted Appellant Michael Alan Chaffin of failing to comply with sex offender registration requirements and assessed punishment at eight years= confinement and a $5,000 fine.  The trial court sentenced him accordingly.


Appellant=s court-appointed 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 reversible grounds on appeal and referencing any grounds that might arguably support the appeal.[3]  We afforded Appellant an opportunity to file a brief on his own behalf; 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]  We therefore grant the motion to withdraw filed by Appellant=s counsel and affirm the trial court=s judgment.

PER CURIAM

PANEL F:    GARDNER, WALKER, AND MCCOY, JJ.

DO NOT PUBLISH

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

DELIVERED:  June 12, 2008



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

[3]See Mays v. State, 904 S.W.2d 920, 922B23 (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, 83B84, 109 S. Ct. 346, 351B52 (1988).

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