William Joseph Morin v. State

 

 

 

 

 

 

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

 

 

                                        NO. 2-07-005-CR

 

 

WILLIAM JOSEPH MORIN                                                      APPELLANT

 

                                                   V.

 

THE STATE OF TEXAS                                                                STATE

 

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              FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

 

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                                MEMORANDUM OPINION[1]

 

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William Joseph Morin appeals from his convictions for promotion of child pornography and possession of child pornography.  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[2] 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.[3]  Only then may we grant counsel=s motion to withdraw.[4]  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.[5]


We have carefully reviewed counsel=s brief and the record.  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.[6]  Accordingly, we grant counsel=s motion to withdraw and affirm the trial court=s judgment.

 

PER CURIAM

 

PANEL F:  CAYCE, C.J.; HOLMAN and GARDNER, JJ.

 

DO NOT PUBLISH       

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

 

DELIVERED:  January 3, 2008                             



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

[3]See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State, 904 S.W.2d 920, 922-23 (Tex. App.CFort Worth 1995, no pet.).

[4]See Penson v. Ohio, 488 U.S. 75, 82-83, 109 S. Ct. 346, 351 (1988).

[5]See Monreal v. State, 99 S.W.3d 615, 620 (Tex. Crim. App. 2003); Young v. State, 8 S.W.3d 656, 666-67 (Tex. Crim. App. 2000).

[6]See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005); accord Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).