Nicholas William Johnson v. State

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                                           COURT OF APPEALS

                                            SECOND DISTRICT OF TEXAS

                                                            FORT WORTH

 

 

                                     NO. 2-08-348-CR

 

 

NICHOLAS WILLIAM JOHNSON                                       APPELLANT

 

                                               V.

 

THE STATE OF TEXAS                                                         STATE

 

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     FROM CRIMINAL DISTRICT COURT NO. 2 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 Nicholas William Johnson appeals his conviction and ten-year sentence for robbery.  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, 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 not filed one.  The State also 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]

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.[5]  Accordingly, we grant counsel=s motion to withdraw and affirm the trial court=s judgment.

PER CURIAM

PANEL:  CAYCE, C.J.; MCCOY and MEIER, JJ.

DO NOT PUBLISH

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

 

DELIVERED:  May 28, 2009

 


[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, 922B23 (Tex. App.CFort Worth 1995, no pet.).

[4]See Penson v. Ohio, 488 U.S. 75, 82B83, 109 S. Ct. 346, 351 (1988).

[5]See Bledsoe v. State, 178 S.W.3d 824, 827B28 (Tex. Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).