COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-319-CR
CALVIN JAVIER HOLLOWAY APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 3 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 Calvin
Javier Holloway appeals his conviction and ten-year sentence for aggravated
robbery with a deadly weapon.2 We affirm.
1
… See Tex. R. App. P. 47.4.
2
… See Tex. Penal Code Ann. § 29.03(a)(2) (Vernon 2003).
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 3 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.4 Only then may we grant counsel’s motion to withdraw.5
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
3
… 386 U.S. 738, 87 S. Ct. 1396 (1967).
4
… 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.).
5
… See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351
(1988).
2
nothing in the record that might arguably support the appeal.6 Accordingly, we
grant counsel’s motion to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 12, 2009
6
… 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