William Joseph Morin v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-005-CR

WILLIAM JOSEPH MORIN APPELLANT

THE STATE OF TEXAS STATE

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

FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

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

MEMORANDUM OPINION^{^[1]}

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

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DO NOT PUBLISH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.

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

^{^[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).

William Joseph Morin v. State

Related Cases