COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-322-CR
HUSSEIN ALI TAWIL APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 43RD DISTRICT COURT OF PARKER COUNTY
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MEMORANDUM OPINION 1
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Appellant Hussein Ali Tawil entered an open plea of guilty to felony
driving while intoxicated (DWI), signing a judicial confession. The trial court
found him guilty and after a hearing, sentenced him to five years’ confinement
in the Institutional Division of the Texas Department of Criminal Justice.
1
… See Tex. R. App. P. 47.4.
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.
After 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 his plea,
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, 351–52
(1988).
2
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: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 12, 2009
5
… See Monreal v. State, 99 S.W.3d 615, 620 (Tex. Crim. App. 2003).
6
… See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App.
2005).
3