COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-353-CR
JORGE CABELLO ARENAS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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After waiving a jury and entering an open plea of guilty, appellant Jorge
Cabello Arenas appeals his conviction and ten-year sentence for possession of
less than one gram of cocaine. 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
1
… See Tex. R. App. P. 47.4.
avers that, in her professional opinion, the 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. We gave appellant the opportunity to file a pro se brief, and
he has filed one. The State has not filed a brief.
Once an appellant’s court-appointed attorney 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
There is no reporter’s record in this case. We have carefully reviewed the
clerk’s record, counsel’s brief, and appellant’s pro se brief. We agree with
counsel that this appeal is wholly frivolous and without merit; we find nothing
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.—Fort Worth 1995, no
pet.).
4
… See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351
(1988).
2
in the record that might arguably support the appeal. 5 Accordingly, we grant
counsel’s motion to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: CAYCE, C.J.; WALKER and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: November 19, 2009
5
… See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App.
2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App.
2006).
3