Steven Dwane Washington v. State

 

 

 

 

 

 

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

 

 

                                        NO.  2-07-015-CR

 

 

STEVEN DWANE WASHINGTON                                            APPELLANT

 

                                                   V.

 

THE STATE OF TEXAS                                                                STATE

 

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        FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY

 

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                                MEMORANDUM OPINION[1]

 

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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.

[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).