Delana Jo Youngblood v. State

 

 

 

 

 

 

                                                COURT OF APPEALS

                                                 SECOND DISTRICT OF TEXAS

                                                                 FORT WORTH

 

 

                                        NO. 2-06-326-CR

                                        NO. 2-06-327-CR

 

 

DELANA JO YOUNGBLOOD                                                   APPELLANT

 

                                                   V.

 

THE STATE OF TEXAS                                                                STATE

 

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              FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

 

                                              ------------

 

                                MEMORANDUM OPINION[1]

 

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A jury convicted Appellant Delana Jo Youngblood of two offenses of possession of a controlled substance, methamphetamine, in the amount of less than one gram; found the enhancement paragraphs true upon her pleas of true; and assessed her punishment at ten years= confinement in each case.  The trial court sentenced her accordingly.


In each case, Appellant=s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.  Counsel=s briefs and motions meet the requirements of Anders v. California[2] by presenting a professional evaluation of the records demonstrating why there are no reversible grounds on appeal and referencing any grounds that might arguably support the appeals.[3]  We afforded Appellant an opportunity to file a brief on her own behalf in each case; she did not.

In our duties as a reviewing court, we must conduct an independent evaluation of the records to determine whether counsel is correct in determining that the appeals are frivolous.[4]  Only then may we grant counsel=s motions to withdraw.[5]   


We have carefully reviewed the records and counsel=s briefs.  We agree that the appeals are wholly frivolous and without merit.  We find nothing in the records that might arguably support the appeals.[6]  We therefore grant the motions to withdraw filed by Appellant=s counsel and affirm the trial court=s judgments.

PER CURIAM

PANEL F:  DAUPHINOT, J.; CAYCE, C.J.; and LIVINGSTON, J.

DO NOT PUBLISH

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

DELIVERED: February 21, 2008



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

[3]See Mays v. State, 904 S.W.2d 920, 922-23 (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, 83-84, 109 S. Ct. 346, 351-52 (1988).

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