COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00519-CR
DEBRA FULLER FABULUJE APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Appellant Debra Fuller Fabuluje pled guilty to felony theft, and the trial
court sentenced her to fifteen months’ confinement in jail. 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.
his 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 her 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
her 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DO NOT PUBLISH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: October 17, 2013
7
See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).
3