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,
1
… See Tex. R. App. P. 47.4.
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
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).
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.
2
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DO NOT PUBLISH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
2006).
3