Steven Dwane Washington v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-015-CR

STEVEN DWANE WASHINGTON APPELLANT

THE STATE OF TEXAS STATE

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

FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY

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

MEMORANDUM OPINION^{^[1]}

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

Appellant Steven Dwane Washington entered an open plea of guilty to the charge of driving while intoxicated, felony repetition and pleaded Atrue@ to a repeat-offender enhancement allegation recited in the indictment. The trial court convicted Appellant, found the repeat-offender allegation to be true, and sentenced him to nine years= confinement.

Appellant=s court‑appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion. In her brief, counsel has reviewed the history of the case, including detailing the evidence presented. 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]} Although this court gave Appellant the opportunity to file a pro se brief, he did not file one.

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]} 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 the record and counsel=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.^{^[7]}

Consequently, we grant the motion to withdraw and affirm the trial court=s judgment.

PER CURIAM

PANEL F: GARDNER, DAUPHINOT, and HOLMAN, JJ.

DO NOT PUBLISH

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

DELIVERED: February 7, 2008

^{^[1]}See Tex. R. App. P. 47.4.

^{^[2]}386 U.S. 738, 87 S. Ct. 1396 (1967).

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

Steven Dwane Washington v. State

Related Cases