COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00183-CR
TODD CHRISTOPHER SWEENEY APPELLANT
V.
THE STATE OF TEXAS STATE
----------
FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
----------
MEMORANDUM OPINION1
----------
After a jury found Appellant Todd Christopher Sweeney guilty of causing
bodily injury to an elderly person, Appellant pled “true” to habitual offender
enhancement paragraphs in the indictment, the trial court sentenced him to thirty
years’ confinement, and he filed a notice of appeal. We affirm.
1
See Tex. R. App. P. 47.4.
Appellant’s court-appointed appellate counsel has filed a motion to
withdraw as counsel, accompanied by a brief in support of that motion. In the
brief, counsel states that in his professional opinion, this appeal is frivolous and
without merit. 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 demonstrating why there are no arguable grounds for
relief. Appellant filed a pro se response to the Anders brief. The State has not
filed a brief.
Once an appellant’s court-appointed attorney files a motion to withdraw on
the grounds that an appeal is frivolous and fulfills the requirements of Anders,
this court is obligated to undertake an independent examination of the record.
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.). 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, counsel’s brief, and Appellant’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. 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). Accordingly, we
grant counsel’s motion to withdraw and affirm the trial court’s judgment.
PER CURIAM
2
PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 11, 2012
3