COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-147-CR
KENNETH GRAY APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Kenneth Gray appeals his conviction and sentence for
aggravated sexual assault of a child.2 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
1
… See Tex. R. App. P. 47.4.
2
… See Tex. Penal Code Ann. § 22.021(a)(2)(B) (Vernon Supp. 2008).
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
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.
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).
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).
2
PER CURIAM
PANEL: CAYCE, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 19, 2009
3