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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-460-CR
RICKY JOHN MARKS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 355TH DISTRICT COURT OF HOOD COUNTY
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MEMORANDUM OPINION[1]
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Appellant Ricky John Marks appeals from a conviction for indecency with a childCexposure. A jury convicted him of the offense and assessed his punishment at ten years= confinement in the Institutional Division of the Texas Department of Criminal Justice; the trial court sentenced him accordingly. Appellant=s court‑appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion. 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 pro se 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]
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.[5] Accordingly, we grant counsel=s motion to withdraw and affirm the trial court=s judgment.
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and MEIER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 26, 2009
[1]See Tex. R. App. P. 47.4.
[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, 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).