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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-082-CR
ANTHONY RAY GREEN APPELLANT
A/K/A ANTHONY R. GREEN
V.
THE STATE OF TEXAS STATE
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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION[1]
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Anthony Ray Green a/k/a Anthony R. Green appeals from his conviction for failure to register as a sex offender,[2] enhanced by a prior conviction for the same offense. 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. Although appellant was given an opportunity to file a brief, 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.[4] Only then may we grant counsel=s motion to withdraw.[5] Because appellant entered an open plea of guilty, our independent review for potential error is limited to potential jurisdictional defects, the voluntariness of appellant=s plea, error that is not independent of and supports the judgment of guilt, and error occurring after entry of the guilty plea.[6]
We have carefully reviewed counsel=s brief and the clerk=s record.[7] We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that arguably might support the appeal.[8] Accordingly, we grant counsel=s motion to withdraw and affirm the trial court=s judgment.
PER CURIAM
PANEL F: CAYCE, C.J.; LIVINGSTON and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: May 8, 2008
[1]See Tex. R. App. P. 47.4.
[2]The statute defining the offense is titled AFailure to Comply with Registration Requirements.@ Tex. Code Crim. Proc. Ann. art. 62.102 (Vernon 2006).
[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, 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 Monreal v. State, 99 S.W.3d 615, 620 (Tex. Crim. App. 2003); Young v. State, 8 S.W.3d 656, 666B67 (Tex. Crim. App. 2000).
[7]There is no reporter=s record because appellant waived the attendance of the court reporter. See Word v. State, 206 S.W.3d 646, 651B52 (Tex. Crim. App. 2006) (holding that it is appellant=s burden to present a record showing properly preserved, reversible error); Lee v. State, 39 S.W.3d 373, 375 n.1 (Tex. App.CHouston [1st Dist.] 2001, no pet.) (holding that when appellant waives the presence of a court reporter, the absence of a reporter=s record will not be grounds for reversal).
[8]See Bledsoe v. State, 178 S.W.3d 824, 827B28 (Tex. Crim. App. 2005); accord Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).