COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00022-CR
DEBORAH K. BLAIR APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 3 OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Following a bench trial, the trial court found Appellant Deborah K. Blair
guilty of criminal trespass and sentenced her to 60 days in jail with credit for time
served. Appellant returned to her home in Nebraska and wrote a letter to the trial
judge, asking for an “appeal with a jury.” The trial judge treated her letter as a
pro se notice of appeal and appointed counsel.
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See Tex. R. App. P. 47.4.
Appellant’s court-appointed appellate counsel has filed a motion to
withdraw and a brief in support of that motion. In counsel’s brief, he certifies that,
in his professional opinion, the appeal is frivolous. Counsel’s brief and motion
meet the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396
(1967), by presenting a professional evaluation of the record and demonstrating
why there are no arguable grounds for appeal. 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.). We gave Appellant the opportunity to
examine the record and file a brief on her own behalf and to inform us of her
intentions in that regard by a date certain, which has since come and gone
without Appellant’s having responded. The State also has filed no response.
Once 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, we
are obligated to undertake an independent examination of the record to see if
there is any arguable ground that may be raised on his or her behalf. See
Stafford, 813 S.W.2d at 511; Mays, 904 S.W.2d at 923. Only then may we grant
counsel’s motion to withdraw. See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S.
Ct. 346, 351 (1988).
We have carefully reviewed the record and the brief filed by Appellant’s
counsel. We agree with counsel that this appeal is wholly frivolous and without
merit; we find nothing in the record that arguably might support any appeal. See
Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005); see also Garner
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v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009). Accordingly, we grant the
motion to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: GARDNER, MEIER, and GABRIEL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: May 8, 2014
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