COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NOS. 2-08-156-CR
2-08-157-CR
2-08-158-CR
TRACI RENE CAHILL APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Traci Rene Cahill entered open pleas of guilty to three charges
of possessing a forged check with the intent to pass. See Tex. Penal Code
Ann. § 32.21(a), (d) (Vernon Supp. 2008). She appeals her convictions and
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… See Tex. R. App. P. 47.4.
three twenty-month sentences, which the trial court ordered to be served
concurrently. 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 appeals are frivolous. Counsel’s brief
and motion meet the requirements of Anders v. California by presenting a
professional evaluation of the record demonstrating why there are no arguable
grounds for relief. 386 U.S. 738, 87 S. Ct. 1396 (1967). We gave appellant
the opportunity to file a pro se brief, which she did, alleging ineffective
assistance by her trial counsel. The State did not file 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. 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.). Only then may we grant counsel’s motion to withdraw. See Penson v.
Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).
We have carefully reviewed the record, counsel’s brief, and appellant’s
pro se brief. We agree with counsel that these appeals are wholly frivolous and
without merit; we find nothing in the record that might arguably support the
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appeals. 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). Accordingly, we grant counsel’s motion to withdraw and affirm the trial
court’s judgments.
TERRIE LIVINGSTON
JUSTICE
PANEL: LIVINGSTON, MCCOY, and MEIER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: April 23, 2009
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