COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00058-CR
ROBERT AARON FORD APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 355TH DISTRICT COURT OF HOOD COUNTY
TRIAL COURT NO. CR12570
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MEMORANDUM OPINION 1
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Appellant Robert Aaron Ford pled guilty to continuous sexual abuse of a
child, and the trial court sentenced him to fifty years’ confinement. Appellant filed
a timely notice of appeal.
Appellant’s court-appointed counsel has filed a motion to withdraw as
counsel and a brief in support of that motion. In the brief, counsel avers that, in
1
See Tex. R. App. P. 47.4.
her 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. 3 Appellant declined to file a pro se response to the Anders brief, and the
State likewise declined to file a brief.
After an appellant’s court-appointed counsel files a motion to withdraw on
the ground that an appeal is frivolous and fulfills the requirements of Anders, this
court is obligated to undertake an independent examination of the record to see if
there is any arguable ground that may be raised on his behalf. 4 Only then may
we grant counsel’s motion to withdraw. 5
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, error that is not independent of and supports the judgment of guilt, and
error occurring after entry of the guilty plea. 6
2
386 U.S. 738, 87 S. Ct. 1396 (1967).
3
See Stafford v. State, 813 S.W.2d 503, 510–11 & n.3 (Tex. Crim. App.
1991).
4
See id. at 511.
5
See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).
6
See Monreal v. State, 99 S.W.3d 615, 619–20 (Tex. Crim. App. 2003);
Young v. State, 8 S.W.3d 656, 666–67 (Tex. Crim. App. 2000).
2
We have carefully reviewed counsel’s brief and the appellate record. We
agree with counsel that this appeal is wholly frivolous and without merit; we find
nothing in the appellate record that arguably might support this appeal. 7
Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s
judgment.
PER CURIAM
PANEL: DAUPHINOT, J.; LIVINGSTON, C.J.; and GARDNER, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 26, 2015
7
See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).
3